Constructive Discharge

Proving Our Case

Constructive discharge occurs when an employer deliberately renders an employee’s working conditions so intolerable that the employee is forced to quit his or her job. To effect a constructive discharge, the working conditions must be such that a reasonable person would find them intolerable. A claim of constructive discharge requires more than a single incident; rather, the claim requires proof of a continuous pattern of discriminatory treatment. Claims of constructive discharge often include evidence of subtle discrimination in the form of social coercion, demotions or changes in job responsibilities. Wallingsford v. City of Maplewood, 287 S.W.3d 682, 686 (Mo.banc 2009). As a result, constructive discharge is a fact-intensive inquiry and presenting evidence will be essential to our case

What Is "Reasonable" In A Constructive Discharge Case?

Reasonableness requires an employee not to assume the worst, and not to jump to conclusions too fast. A discriminatory work environment could constitute a claim of constructive discharge. Barekman v. City of Republic, 232 S.W.3d 675, 682 n. 5 (Mo.App. 2007). However, there is no constructive discharge where an employee quits without giving the employer a reasonable chance to work out a problem. Gamber v. Mo. Dept., 225 S.W.3d 470, 477 (Mo.App.W.D. 2007).

Therefore, even if you feel that an employer is treating you improperly you must do what is reasonable to try and work out the problem or else you may lose your claim by quitting or refusing to give the employer a chance.

Missouri law recognizes that a claim for constructive discharge constitutes actionable discrimination under the Missouri Human Rights Act. Wallingsford v. City of Maplewood, at 685. Constructive discharge resulting from unlawful discrimination can constitute an ‘alleged act of discrimination’ that is sufficient to satisfy the 180-day filing period imposed by section 213.075.1. Id.

Consultation with Attorney Mark A. Koupal, Jr.

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