EmploymentQuestion 1030 of 1605
An employer deliberately makes working conditions so intolerable that a reasonable person would feel compelled to resign. If the employee quits, this may legally be treated as a:
a.Simple layoff
b.Retirement
c.Constructive discharge, treated like a termination for liability purposes
d.Voluntary resignation with no employer liability
Explanation
Constructive discharge occurs when an employer intentionally creates or knowingly permits working conditions so intolerable that a reasonable employee would resign. Courts treat such a resignation as if the employer had fired the worker, so an unlawful motive behind the intolerable conditions can support a wrongful-termination claim.
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