What is "constructive discharge"?

Constructive discharge refers to a situation where an employee resigns because their working conditions have become so intolerable that they feel they have no choice but to leave their job. This concept is significant in employment law, particularly in cases related to discrimination or hostile work environments. An employee who claims constructive discharge is essentially asserting that the work conditions were so severe or oppressive that they were forced to resign, even though the employer did not officially terminate their employment.

This is distinct from a formal resignation process, which involves a voluntary decision to leave a job without the influence of extreme conditions. Likewise, a termination initiated by the employer does not involve a resignation and thus does not meet the criteria for constructive discharge. A reduction in hours, although potentially stressful, might not rise to the level of intolerable conditions that would justify a claim of constructive discharge without additional context or factors involved. Therefore, the correct understanding of constructive discharge centers on an employee's resignation resulting from unbearable work conditions, making the second choice the accurate definition.