At 1818, we help employees and professionals navigate complex workplace disputes — from discrimination and retaliation to situations where resignation isn’t truly voluntary. Constructive dismissal, also known as constructive discharge, is one of those areas where the line between quitting and being forced out can make all the difference.
Some employees resign because their employer has made the workplace unbearable. This situation is referred to as constructive dismissal, also known as constructive discharge.
When an employer creates conditions so intolerable that a reasonable person would feel forced to quit, the resignation may be considered a termination in disguise. Understanding this concept is the first step in protecting your rights.
The Concept of Constructive Discharge
Constructive discharge acknowledges that employees sometimes leave not by choice, but because the employer’s conduct made the workplace unbearable. Courts evaluate whether the resignation was essentially a forced termination.
Courts consider factors such as:
- Workplace conditions must be intolerable, not merely frustrating or inconvenient.
- The employer’s behavior is unlawful or clearly intended to push the employee out.
- A reasonable person in the same position would feel they had no choice but to resign.
This framework protects workers from being driven out of their positions under unlawful conditions while still holding employers accountable for what is, legally, a termination.
Illinois Law on Constructive Discharge
Illinois is an at-will employment state. Employers may generally terminate employees at any time, and employees may resign at any time. However, at-will employment does not allow discrimination or retaliation.
Protective laws for employees include:
- The Illinois Human Rights Act prohibits discrimination and harassment based on race, sex, age, disability, religion, or national origin.
- The Illinois Department of Human Rights (IDHR) investigates charges that may include constructive discharge claims.
- Illinois courts recognize retaliatory discharge when an employer punishes a worker for engaging in protected activity, such as filing a complaint about unlawful conduct.
While Illinois law allows flexibility in employment relationships, it also sets clear boundaries. Employers cannot rely on at-will status to justify conditions designed to push employees out.
Constructive Discharge Under Federal Law
Federal law also covers constructive termination through several major statutes:
- Title VII of the Civil Rights Act of 1964 – Prohibits discrimination and harassment based on race, sex, national origin, and religion.
- The Americans with Disabilities Act (ADA) bars employers from forcing out employees through discriminatory treatment of disabilities.
- Age Discrimination in Employment Act (ADEA) – Protects employees age 40 and older from being constructively discharged.
Constructive discharge claims under federal law often begin with the Equal Employment Opportunity Commission (EEOC). Filing a charge with the EEOC is typically required before pursuing a lawsuit in federal court.
Examples of Constructive Termination
Not every unpleasant job qualifies. Courts set a high standard for constructive discharge, requiring conditions that would compel a reasonable employee to quit. Examples include:
- Repeated sexual harassment that was ignored by supervisors.
- Retaliation after filing a complaint, such as pay cuts, demotions, or reduced hours.
- Intentionally unsafe or humiliating assignments designed to pressure resignation.
- Demotion or reassignment clearly linked to protected activity, such as reporting discrimination.
Filing a Constructive Discharge Claim
Employees should take these steps when pursuing a constructive discharge claim:
- Document incidents and conditions, including dates, names, and management responses.
- File a charge with the IDHR or EEOC, depending on the claim type.
- Cooperate with the investigation until a determination is made.
- If necessary, file a lawsuit after receiving a right-to-sue letter.
Employees must show that their resignation resulted directly from unlawful conduct by the employer. EEOC deadlines are usually 180 to 300 days, while Illinois recently extended the IDHR filing deadline for most employment claims to two years.
How Courts Evaluate Discharge Claims
Courts use a ‘reasonable person’ standard — asking whether an average employee would have resigned under the same circumstances. They examine whether the workplace was hostile, whether the employer acted to force resignation, and whether the resignation was tied to unlawful conduct.
Remedies for Constructive Discharge
Employees who prove constructive discharge may be entitled to remedies similar to wrongful termination cases:
- Back pay for lost wages and benefits.
- Front pay when reinstatement is not possible.
- Compensatory damages for emotional distress or reputational harm.
- Attorneys’ fees and costs.
- Punitive damages may be available under federal law in egregious cases, subject to statutory caps. In Illinois, punitive damages are typically not available through the Human Rights Commission but may be available in some court actions.
Why Constructive Discharge Claims Are Challenging
Constructive discharge claims are complex because resignation appears voluntary. Employers often argue that the employee quit for personal reasons. To succeed, employees must demonstrate that the resignation was caused by intolerable and unlawful conditions.
Tips for strengthening your position include:
- Maintain detailed records of incidents and communications.
- File charges promptly with the appropriate agency.
- Gather documentation showing that resignation closely followed the employer’s unlawful actions.
Proving Constructive Discharge in Illinois
Proof often involves documentation, testimony, and legal analysis. Employees may rely on written records of harassment, complaints filed with HR, and evidence of the employer’s inaction or retaliation. Courts look for a clear link between unlawful conduct and the employee’s decision to resign.
Recognizing When Resignation Is Not a Choice
A resignation that was not voluntary may be considered a constructive discharge under Illinois employment law. At 1818, we understand the toll of intolerable working conditions and the importance of pursuing remedies when resignation was not truly voluntary. If you felt compelled to resign under intolerable conditions, contact us today for a confidential consultation.
