Minnesota Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge provides guidance to jurors on the legal concept of constructive discharge in the state of Minnesota. Constructive discharge occurs when an employer creates such unbearable working conditions that an employee is essentially forced to resign. This jury instruction helps jurors understand the different aspects and elements involved in determining whether a constructive discharge has taken place. It focuses on the following key points: 1. Definition and Elements: The instruction defines constructive discharge as a situation where an employee resigns due to hostile, discriminatory, or intolerable working conditions that the employer deliberately created or allowed persisting. It explains that for a constructive discharge claim, the employee must prove the existence of objectively intolerable working conditions that would compel a reasonable person to quit. 2. Objectively Unreasonable Conditions: Jurors are instructed to evaluate whether the working conditions alleged by the employee were objectively unreasonable. They should consider if a reasonable person had considered the conditions intolerable, whether the conditions were severe or pervasive, and if the employer was aware or should have been aware of the conditions. 3. Employer's Intent: The instruction guides jurors to examine whether the employer deliberately created or allowed the intolerable conditions. They should assess if the employer's actions, policies, or practices were intended to force the employee to resign. 4. Employee's Decision to Resign: Jurors are instructed to consider whether the employee's decision to resign was reasonable under the circumstances. They should take into account the employee's subjective expectations and whether the employee exhausted all reasonable alternatives or remedies before resigning. Different types/variations of Minnesota Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge might include: 1. Constructive Discharge based on Discrimination: This variation addresses cases where an employee alleges constructive discharge due to discrimination based on protected characteristics such as race, gender, age, or disability. It emphasizes the requirement for the employee to demonstrate that the discriminatory actions or atmosphere created by the employer were so severe that a reasonable person would feel compelled to resign. 2. Constructive Discharge based on Retaliation: This type of constructive discharge focuses on situations where an employer retaliates against an employee for engaging in protected activities, such as reporting illegal practices, filing a complaint, or participating in an investigation. Jurors are instructed to consider whether the employer's retaliatory conduct was a motivating factor in the employee's decision to resign. 3. Constructive Discharge in Hostile Work Environment Claims: This variation involves situations where an employee resigns due to a hostile work environment but does not specifically allege discrimination or retaliation. Jurors are guided to assess whether the working conditions were hostile, severe, and pervasive enough to support a claim of constructive discharge. 4. Constructive Discharge in Breach of Contract Claims: In this type of constructive discharge claim, the employee alleges that the employer breached an employment contract, making the working conditions objectively intolerable. Jurors are instructed to evaluate the terms of the contract and whether the employer's actions or failure to fulfill contractual obligations led to the constructive discharge. Overall, Minnesota Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge assists jurors in understanding the legal framework and factors involved in determining if an employee has valid grounds for a constructive discharge claim in Minnesota.