Defending & Attacking Constructive Discharge

An individual seeking to establish a constructive discharge claim bears the burden of proof and needs to demonstrate that the underlying working conditions were “so onerous, abusive, or unpleasant” that a reasonable person in the individual’s position would have felt compelled to resign or to quit. The individual must show that the only reasonable choice was resignation given the alleged harsh or intolerable working conditions.

When pleading or defending against this type of claim, counsel for the plaintiff and for the defendant must be able to understand the essential elements of the claim, and what evidence suffices to plead and defend against the claim. Often, alleged discriminatory or retaliatory treatment lies at the center of constructive discharge claims and is the basis for the alleged harsh or intolerable working conditions, which in turn means that being able to plead and defend against such claims becomes equally important for counsel on both sides.

Join us for a comprehensive discussion of how to plead, defend against, and attack constructive discharge claims.