Constructive Discharge: When a Resignation “Counts” as a Termination
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
In a discrimination case, a plaintiff must prove that an adverse action was taken because of the person’s race, gender, or other protected characteristic. In many cases, the adverse action complained of is a termination. But, a plaintiff may satisfy the adverse action requirement even if he voluntarily quits work. To do this, a plaintiff must demonstrate that he was “constructively discharged.” He must show that the employer made the working conditions so intolerable that a reasonable person in the plaintiff’s position would have felt compelled to resign.
To prove constructive discharge, a plaintiff may present evidence of: (1) demotion; (2) reduction in salary; (3) reduction in job responsibilities; (4) reassignment to menial or degrading work; (5) badgering, harassment, or humiliation by the employer calculated to encourage the employee’s resignation; or (6) offers of early retirement that would make the employee worse off whether the offers were accepted or not. A plaintiff may also prove a constructive discharge if he proves the employer gave the employee an ultimatum to quit or be fired.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about an employment law issue, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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