Phase 3 of 3 · Hard Conversations
Constructive discharge
A resignation the law treats as a firing, because conditions were made so intolerable that a reasonable person in the job would have quit too.
They resigned on paper. The question is what the job became first.
In plain English
Constructive discharge is a resignation the law treats as a firing, because conditions were made so intolerable that a reasonable person would have quit too.
- What it looks like in business
- A worker who reports harassment is moved to a windowless closet, stripped of duties, and ignored for six weeks. The resignation that follows is treated as a termination.
- Why it matters
- An exit interview recording a voluntary quit settles nothing, so the weeks of conditions before the resignation are what actually gets examined.
Reading it once is not the same as knowing it. Put this term in the daily rotation and let the quiz come back for it.
Study this termWhere this comes from
Pennsylvania State Police v. Suders, 542 U.S. 129 (2004)
This is HR guidance, not legal advice, and rules change. Check the current text and your own facts before you act on it. When a situation needs a lawyer, Jennifer will say so.
Where it sits
Phase 3: Hard Conversations
A fair process for performance, complaints, accommodations, and exits so the owner is not both the boss and the only adult in the room.