Constructive discharge is defined as a forced resignation, where even though the employee resigned, the separation was not voluntary. This can show its face in a number of ways that we’ll unpack here.
According to law, constructive discharge is the same as if the employee was fired. And because constructive discharge is the same as a firing, it could serve as the foundation of a wrongful termination legal action.
If you’re thinking about whether or not to quit your job, read on to see how constructive discharge in Texas is identified and handled.
What Is the Law of Constructive Discharge in Texas?
There’s a high legal standard to meet when it comes to constructive discharge. An employee’s workplace must be so intolerable (not just stressful or disagreeable) that any normal person would feel forced to leave their job. Or, in some cases, your boss presents you with a simple question: “resign or be fired,” and in this situation, your resignation wasn’t really voluntary.
In Texas, constructive discharge isn’t a separate cause of action. It’s a legal way to satisfy the “termination” requirement for underlying claims. Texas courts review several factors and specific evidence to determine if an employee resignation was forced due to:
- Ultimatums
- An employer directly tells a worker to quit or be terminated.
- A demotion or pay reduction
- An employee loses rank and/or income without a valid reason.
- Demeaning tasks
- A worker has been reassigned to menial tasks far below their skill level.
- Discrimination or harassment
- Severe mistreatment related to protected traits like age, race, sex, religion, national origin, or disability.
- Retaliation
- Punishing an employee for reporting the company’s illegal acts, safety violations, or discrimination.
What to do when constructive discharge becomes wrongful termination
If you are receiving this kind of treatment in your workplace, your first three steps are:
- Document everything: Maintain a log (on a personal device) detailing dates, times, comments, and witnesses to the adverse actions.
- Speak with an experienced Texas employment law team before filing a charge: If you are being discriminated or retaliated against, you generally must file a complaint with the Texas Workforce Commission or the EEOC before filing a lawsuit. However, before you file, you’ll want an experienced team to help you make sure you don’t miss critical details or deadlines.
When it’s time to contact a Texas constructive discharge lawyer
Whether it’s called constructive discharge, constructive termination, or constructive firing, it all means the same thing. It’s a form of wrongful termination, and victims have the right to file charges.
If you’ve recently quit a job due to intolerable working conditions, you should speak with the team at Jackson Spencer Law. Our team can help you determine whether you are the victim of constructive discharge due to provable discrimination, retaliation, or other illegal reasons.
For your free consultation, call Jackson Spencer Law at (972) 301-2937 or complete our online questionnaire.
Frequently asked questions
What is constructive discharge in Texas?
Constructive discharge is a forced resignation. You technically quit, but you didn’t leave voluntarily, because your employer made conditions so intolerable that any reasonable person would have felt they had no choice, or gave you an ultimatum to “resign or be fired.” Under the law, a constructive discharge is treated the same as being fired, so it can support a wrongful termination claim.
What kinds of situations can count as constructive discharge?
Ordinary workplace stress or a difficult boss isn’t enough. Texas courts look for specific evidence that the resignation was forced, such as being told to quit or be terminated, a demotion or pay cut without a valid reason, reassignment to menial tasks far below your skill level, severe discrimination or harassment based on a protected trait like age, race, sex, religion, national origin, or disability, or retaliation for reporting illegal activity, safety violations, or discrimination.
What should I do if I think I’m being forced out of my job?
Start documenting everything right away, keeping a log on a personal device with dates, times, comments, and witnesses. Then talk to an experienced Texas employment lawyer before filing anything. In discrimination and retaliation cases, you generally have to file a complaint with the Texas Workforce Commission or the EEOC before you can sue, and an attorney can help make sure you don’t miss important details or deadlines. Jackson Spencer Law offers free consultations at (972) 301-2937.
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