Constructive Dismissal - United States Law

United States Law

In the United States, constructive discharge has differing meanings depending on the jurisdiction. In California, the California Supreme Court defines constructive discharge as follows:

"In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign."

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