Miscellaneous Issues - Constructive Discharge

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-4-23
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Miscellaneous Issues — Constructive Discharge is a form of wrongful termination where an employee resigns due to the employer's conduct which creates a hostile work environment. Constructive discharge occurs when an employee is forced to resign due to intolerable working conditions, such as discrimination, harassment, or a toxic work environment, making it impossible for them to continue working for the employer. The two main types of constructive discharge are direct constructive discharge and indirect constructive discharge. Direct constructive discharge occurs when an employer directly tells an employee to resign or otherwise makes it clear that they must leave, such as by providing a severance package or by threatening termination. Indirect constructive discharge is when an employer creates a situation so intolerable that a reasonable person would feel compelled to resign, such as subjecting the employee to such extreme harassment, discrimination, or criticism that they must resign to escape the situation. In either case, the employer's actions must be proven to have been the cause of the resignation in order to be considered constructive discharge. Legal action can be taken against an employer who is guilty of constructive discharge.

Miscellaneous Issues — Constructive Discharge is a form of wrongful termination where an employee resigns due to the employer's conduct which creates a hostile work environment. Constructive discharge occurs when an employee is forced to resign due to intolerable working conditions, such as discrimination, harassment, or a toxic work environment, making it impossible for them to continue working for the employer. The two main types of constructive discharge are direct constructive discharge and indirect constructive discharge. Direct constructive discharge occurs when an employer directly tells an employee to resign or otherwise makes it clear that they must leave, such as by providing a severance package or by threatening termination. Indirect constructive discharge is when an employer creates a situation so intolerable that a reasonable person would feel compelled to resign, such as subjecting the employee to such extreme harassment, discrimination, or criticism that they must resign to escape the situation. In either case, the employer's actions must be proven to have been the cause of the resignation in order to be considered constructive discharge. Legal action can be taken against an employer who is guilty of constructive discharge.