What is "constructive discharge" in employment law?

Constructive discharge is a legal concept in employment law that occurs when an employee resigns from their job due to intolerable working conditions that have been created by the employer. This situation implies that although the employee technically resigns voluntarily, the conditions leading to that resignation are so severe that they effectively amount to an unlawful termination. In other words, the employee feels they have no reasonable alternative but to leave their position due to the employer’s actions or the work environment.

For constructive discharge to be actionable, it generally must be shown that the conditions were not just unpleasant, but that they were extreme or outrageous, such that a reasonable person in the same situation would feel compelled to resign. Examples can include harassment, a hostile work environment, significant changes in job responsibilities, or a lack of support for legitimate grievances.

The other choices do not accurately capture the essence of constructive discharge. Choosing to quit for personal reasons does not involve the employer's actions creating intolerable conditions. Being laid off without notice refers to termination by the employer rather than resignation by the employee. Lastly, forced retirement relates to age discrimination and does not encapsulate the voluntary nature of resignation prompted by adverse working conditions. Thus, the definition that aligns with constructive discharge is indeed the situation where an employee resign