If I quit because of intolerable conditions in my workplace, can I treat it as if I was fired?

Most states recognize constructive termination of employment and treat it similarly to an actual firing. For example, if the employer reduces your wages from $12 per hour to $6 per hour, switches your day hours to the moonlight shifts, and changes your position from secretary to a janitor or vice versa, that would clearly be a constructive termination.

An employee in a state that recognizes constructive wrongful termination does not have to be fired in order to have the ability to sue an employer for intolerable working conditions. If an employee can prove that she/he was reasonably compelled to leave the job, and that these conditions were known by the employer, or intentionally created by the employer, then the employee may pursue a constructive wrongful termination action.

The remedies available in a successful constructive wrongful termination action are similar to those in a suit due to actual wrongful termination. Even if you are an at-will employee and so can be let go for no reason at all, you could file a claim for unemployment insurance based on your constructive discharge.

Exploring Constructive Termination: Case Studies

Case Study 1: Constructive Termination Due to Drastic Changes

Lisa works as a secretary in a reputable company. One day, without any prior notice or discussion, the employer drastically reduces her hourly wage from $12 to $6 per hour. Additionally, the employer switches her regular day hours to overnight shifts, and reassigns her to the position of a janitor.

These changes make Lisa’s working conditions unbearable and her role unrecognizable. In this case, Lisa may have a claim for constructive termination due to intolerable working conditions.

Case Study 2: Employer’s Intentional Creation of Difficult Work Environment

Alex works for a manufacturing company. Over time, Alex notices a pattern of intentional mistreatment by the employer. The employer consistently assigns him menial tasks and denies him opportunities for growth and advancement.

Moreover, the employer frequently makes derogatory remarks and creates a hostile work environment for Alex. Feeling compelled to leave the job due to these intolerable conditions, Alex may have grounds for a constructive wrongful termination action against the employer.

Case Study 3: Harassment and Discrimination Leading to Constructive Termination

Michael works for a tech company. Michael is subjected to persistent harassment and discrimination based on his race and ethnicity by his supervisor and several colleagues. Despite reporting these incidents to the company’s HR department, no effective action is taken to address the issue.

The hostile work environment created by the continuous mistreatment becomes unbearable for Michael, and he decides to resign. In this scenario, Michael may have a valid claim for constructive termination based on the employer’s failure to address the harassment and discrimination, which ultimately led to his resignation.