District of Columbia Jury Instruction - 1.9.2 Miscellaneous Issues Constructive Discharge
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Constructive Discharge. In general, the term "constructive discharge" is when a worker's resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign.
Courts weigh the following factors to determine constructive discharge: (1) demotion; (2) reduction in salary; (3) reduction in job responsibility; (4) reassignment to menial or degrading work; (5) reassignment to work under a younger supervisor; (6) badgering harassment, or humiliation by the employer calculated to ...
WPI 330.52 (7th ed.) Constructive discharge occurs when an employer deliberately creates working conditions so intolerable that a reasonable person in the shoes of the employee would feel compelled to [resign] [retire]. 4. That [he] [she] suffered damage as a result of being forced to [resign] [retire].
The burden of proof rests with the party making the claim, which in this case would be the employee. The employee must demonstrate that they experienced mistreatment or harassment in the workplace based on one's race, sex, religion, national origin, and/or disability.
Minimizing the Risk of Constructive Discharge Claims Ensure that all employment decisions are business related. Ensure that employee treatment is consistent across the organization. Avoid even the appearance of retaliation. Be honest. ... Obtain written resignation statements from employees.