What is Constructive Discharge?

Constructive Discharge occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.

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HRTrainingClasses.com presents Elga Lejarza-Penn, SPHR, SHRM-SCP, the #1 exam prep instructor for the PHR, SPHR, SHRM-CP and SHRM-SCP certification exams! This video discussing Constructive Discharge is taken from one of her in-depth study group sessions conducted at the end of each week as a part of her 6-Week Evening Online Exam Prep Boot Camp to review the weeks topics. Constructive Discharge occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.

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