Proving constructive dismissal

In order to prove a constructive dismissal claim, an employee will have to prove the following:

• The conditions were so intolerable that a reasonable employee would have felt that he or she had to resign; and
• The employer had actual knowledge of the intolerable working conditions or intended to force the employee to quit.

In general, a pattern of egregious and extraordinary conduct will be needed before it will be considered to constitute a constructive dismissal. In rare cases, a single action may constitute enough proof. An example of these cases might include an employer committing a violent act against the employee or the employer requiring the employee to commit a crime.

Courts consider several factors when deciding whether an employer’s actions were egregious enough to cause a constructive dismissal, including the following:

• Whether the employer asked the employee to commit a crime;
• Whether the employer investigated the complaints made by the employee;
• The nature of the illegal conduct; and
• How much time passed between the illegal conduct and the employee resigning.

Reasonable person standard

Courts also look at whether or not a reasonable person who was in a similar position as the employee would find that the conditions were intolerable. If a reasonable person would not, the employee’s resignation will be considered to be voluntary.

Employer knowledge

An employee must be able to show that his or her employer either maintained or created an intolerable working environment or that the employer knew that the conditions existed. Employees have the burden of notifying management about the conditions so that the employer has the ability to take corrective action. If the notification does not occur, a claim for constructive dismissal will not be successful.

Contact our experienced lawyers

Proving that a constructive dismissal happened may be complicated. If you believe that you were forced to quit for an illegal reason or in violation of your employment contract, call the law firm of Swartz Swidler today.