Constructive Discharge / Constructive Termination

Sometimes people quit, but the law considers them fired or laid off. That sums up the principle of constructive termination. Of course, like most legal things, the law has many gray areas. If you think your employer has constructively discharged you, contact me, a Texas employment lawyer to discuss your case.

What constitutes a constructive discharge?

The foremost example of "black and white" constructive discharge comes plays out like this: your employer gives you the choice between termination and resignation. Now, in reality, the employer has decided you will no longer continue working. However, an employee may choose to resign for reasons such as finding it easier to get another job with being able to say that s/he resigned.
Other examples include

  • Reduction of hours or pay to the point you cannot earn a living;
  • A significant demotionl;
  • Severe harassment;
  • Resigning in lieu of committing illegal activity

How does constructive discharge affect my case?

Constructive discharge is considered the same as having been fired or laid off. In other words, the fact that an employer constructively discharged and employee does not change an employee's case. An employer may think they can escape liability by forcing an employee out; however, the law has developed this doctrine to combat this perceived loop hole.

What happens if I have been wrongfully terminated by constructive discharge?

If you believe your employer has wrongfully terminated you by constructive discharge or otherwise, contact me, your Texas employment lawyer to set up a consultation. Employment law is complex, and often, time is of the essence in employment law cases.