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What employers need to know about constructive discharge

On Behalf of | Jan 23, 2025 | Employment Law

When employees quit their jobs, it’s usually their choice. They give notice, work their final weeks and leave on their own terms. This is a voluntary resignation.

Constructive discharge is different. It happens when workplace conditions become so intolerable that a reasonable person would feel forced to quit. There is usually a pattern of difficult conditions, not just a single incident or minor workplace stress. While the employee technically resigns, the law may treat it as a termination if the conditions were truly unbearable.

When does it become a legal issue?

Alaska law requires fair treatment of workers, even in “at-will” employment relationships where employers can end jobs at any time. When workplace conditions violate employment laws or public policy, it can lead to legal claims.

Common situations that might support a wrongful constructive discharge claim include:

  • Ongoing harassment or hostile behavior
  • Major job changes without business justification
  • Unfair reduction in pay or duties
  • Serious safety violations or unsafe working conditions
  • Discrimination based on protected characteristics
  • Retaliation for protected activities

These situations must be more than just unpleasant – they must be truly intolerable to a reasonable person. If proven, these claims can result in significant costs to the employer, including back pay, front pay and other damages.

What can employers do when facing constructive discharge claims?

When facing potential constructive discharge situations, employers should act promptly and professionally. Most importantly, address problems before they escalate. This means:

  • Creating clear workplace policies
  • Training managers and supervisors
  • Maintaining consistent standards
  • Documenting workplace issues and responses
  • Investigating complaints promptly

While not every unpleasant situation justifies a claim, employers should take workplace complaints seriously and address them appropriately. However, if you receive notice of a constructive discharge claim or formal complaint, then it’s crucial to seek professional legal advice.

Clarify your options

When facing constructive discharge claims, you’ll need to handle both legal and workplace concerns. An attorney can look at your situation and guide you on what to do next.

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