What is Constructive discharge?
Understanding Constructive Discharge in Montana Municipal Employment
Constructive discharge occurs when employees are forced or coerced into quitting, rather than voluntarily choosing to terminate the employment relationship. This can happen when an employer does not wish to go through the standard process of progressive discipline and attempts to force an employee to quit or resign their position. When alleging constructive discharge, employees may claim that the resignation was the result of the employer’s
actions or the employer’s failure to correct an intolerable work environment. For example, an employee who is victimized by a supervisor’s constant sexual harassment may feel compelled to quit. The employee’s leaving under such circumstances may be a constructive discharge.
Other than harassment, employees may be constructively discharged due to any of the following:
3. Governing the Municipality 103
• Discrimination
• Dangerous duties
• Hazardous situations
• Demeaning or malicious assignments
• Employer’s repeated and extensive failure to provide employee with work
3.908 Legal Standards
In order to sue successfully on the basis of constructive discharge, an employee must prove in court that the working conditions he or she experienced were intolerable. In addition, the employee must prove that the employer either created the intolerable conditions intentionally or allowed them to exist.
actions or the employer’s failure to correct an intolerable work environment. For example, an employee who is victimized by a supervisor’s constant sexual harassment may feel compelled to quit. The employee’s leaving under such circumstances may be a constructive discharge.
Other than harassment, employees may be constructively discharged due to any of the following:
3. Governing the Municipality 103
• Discrimination
• Dangerous duties
• Hazardous situations
• Demeaning or malicious assignments
• Employer’s repeated and extensive failure to provide employee with work
3.908 Legal Standards
In order to sue successfully on the basis of constructive discharge, an employee must prove in court that the working conditions he or she experienced were intolerable. In addition, the employee must prove that the employer either created the intolerable conditions intentionally or allowed them to exist.