Walking into work should not feel unbearable. Yet for some employees, harassment, discrimination, retaliation or other serious workplace problems can make staying on the job feel impossible. When working conditions become sufficiently intolerable, the law may recognize an employee’s resignation as a constructive discharge. However, proving constructive discharge requires more than showing that a workplace was stressful or unpleasant.
What is constructive discharge?
In Minnesota, a constructive discharge generally requires intolerable working conditions caused by the employer, along with circumstances showing that the employer intended to force the employee to resign or that resignation was a reasonably foreseeable result of the employer’s conduct.
A conflict with a supervisor, a difficult assignment or an unfair decision does not automatically amount to constructive discharge. Courts generally look at the situation as a whole. The key question is whether the conditions were serious enough that a reasonable employee would have resigned.
What evidence can help prove constructive discharge?
Useful evidence may show what happened, how often it happened and whether the employer knew about the problem. Depending on the facts, this may include:
- Emails or messages showing harassment or discrimination
- Records of complaints made to supervisors or human resources
- Witness statements from coworkers
- Changes to job duties, pay or working conditions
- Documentation of safety concerns
- Performance reviews and disciplinary records
- Medical records, if the workplace affected the employee’s health
A pattern of serious problems may matter more than one isolated incident. The timing of the resignation can also matter, especially when the employee quits soon after serious problems develop or the employer fails to address a complaint.
What should you do before quitting?
If your working conditions have become unbearable, document what is happening before you leave your job. Keep copies of relevant emails, messages, complaints and other records that you are legally allowed to retain. If appropriate, use the employer’s complaint process. That can help show the employer knew about the issue and had a chance to address it. Before resigning, consider speaking with an employment attorney. Quitting can affect possible legal claims, unemployment benefits and other rights.
Key factors in a constructive discharge claim
Constructive discharge claims depend on the facts. The workplace must be more than unpleasant or unfair. The conditions must be serious enough to support the claim that an average person in the same position would find the working environment intolerable.
If you believe discrimination, harassment, retaliation or other unlawful conduct pushed you out of your job, an employment attorney can review the evidence and explain whether you may have a constructive discharge claim.
