Should You Sue Your Former Employer? Understanding Constructive Termination

❗Constructive termination is when an employee is effectively fired, even though they resigned. It allows the employee to recover lost wages.

❓To prove constructive termination, the employee must show that the employer intentionally created or knowingly permitted intolerable working conditions.

💼Trivial acts are insufficient to prove intolerable conditions. There must be a continuous pattern of objectionable conduct.

💰Constructive termination cases are difficult to win, as judges and juries are often biased against employees who quit.

🔍Settlement value for constructive termination cases is generally lower due to the uncertainty around economic damages.

What is constructive termination?

—Constructive termination is when an employee is effectively fired, even though they resigned. It allows the employee to recover lost wages.

How do I prove constructive termination?

—To prove constructive termination, the employee must show that the employer intentionally created or knowingly permitted intolerable working conditions.

What qualifies as intolerable working conditions?

—Intolerable working conditions are those that a reasonable person in the employee's position would be compelled to resign over. It generally involves a continuous pattern of objectionable conduct.

Are constructive termination cases difficult to win?

—Yes, constructive termination cases are difficult to win as judges and juries are often biased against employees who quit.

What is the settlement value for constructive termination cases?

—The settlement value for constructive termination cases is generally lower due to the uncertainty around economic damages.

00:00Introduction: Explaining the complicated nature of whether to sue a former employer after quitting a job.

02:13Defining constructive termination and its significance in allowing employees to recover lost wages.

05:29Requirements for proving constructive termination, including intentional creation or knowing permission of intolerable working conditions.

08:50Examples of what qualifies as intolerable working conditions and the challenges of meeting this criterion.

12:35Difficulties and biases faced in constructive termination cases, making them challenging to win.

13:56Impact on settlement value, with economic damages being uncertain and leading to lower compensation amounts.