Understanding Constructive Termination Claims in North Carolina

It’s unfair and legally actionable when an employer deliberately creates a hostile work environment to push an employee to resign. This practice, known as constructive discharge or constructive termination, is recognized as a form of wrongful termination, offering employees critical legal protections. 

Rather than outright firing someone, an employer might impose intolerable conditions, such as harassment, discrimination, or drastic changes to job duties, with the intent to force a resignation.

Constructive discharge claims in NC require proving that the employer’s actions breached an employment contract or violated public policy, making the workplace so unbearable that quitting was the only reasonable option. 

Navigating these cases can be complex, making legal guidance essential. Consulting an experienced employment attorney in Raleigh, North Carolina can help you assess whether your employer’s behavior constitutes constructive discharge and determine the best path to protect your rights and seek justice.

What is Constructive Discharge in NC?

In North Carolina, constructive discharge isn’t formally codified in state law, but employees can pursue such claims under federal law. Constructive discharge occurs when an employer deliberately makes an employee’s work environment so unbearable that resignation becomes the only viable option. 

To succeed in a constructive dismissal claim, two key elements must be proven: first, the working conditions were so severe that a reasonable person would feel compelled to quit; second, the employee resigned directly due to those conditions.

A recent federal case, Hwang v. National Technology and Engineering Solutions of Sandia, LLC (9th Cir. 2024), clarified that intolerable conditions must be intentionally created by the employer and tied to a protected characteristic, such as race or gender. These conditions must be so extreme, marked by harassment, discrimination, or hostility that a reasonable employee could not endure them, leaving resignation as the only reasonable response. 

Intolerable Conditions in Constructive Discharge

Determining whether workplace conditions were so unbearable as to justify resignation hinges on the “reasonable person” standard. This means evaluating whether a typical person in your position would have felt forced to quit due to the severity of the circumstances. 

It’s not enough that you personally found the conditions intolerable; the situation must be objectively extreme. Similarly, conditions don’t qualify as intolerable if a reasonable person might have viewed resignation as merely a preferable choice rather than an unavoidable necessity.

You must have resigned from your job due to the unbearable workplace conditions. Simply contemplating resignation or nearly deciding to quit is insufficient to support a wrongful termination claim.

Actionable Constructive Termination in Raleigh, NC

Constructive termination becomes actionable when it involves illegal practices. Common grounds for such claims include:

• • Discrimination: Targeting an employee based on protected characteristics.
  • Retaliation: Punishing an employee for engaging in legally protected activities.
  • Violation of Public Policy: Forcing resignation in ways that contravene state or federal laws.

Employees may also pursue constructive termination claims when seeking unemployment benefits, arguing that their resignation was involuntary due to unlawful conditions.

Discrimination in the Workplace

Federal and state anti-discrimination laws prohibit employers from mistreating employees based on traits such as race, ethnicity, gender, sexual orientation, age, disability, religion, national origin, pregnancy and genetic information.

To establish a discrimination-based constructive termination claim in NC, you must demonstrate that your employer deliberately created intolerable conditions due to one of these protected characteristics, compelling you to quit.

Retaliation for Protected Activities

Employers are prohibited from retaliating against employees for engaging in activities protected by law, including:

• • Filing or supporting anti-discrimination complaints
  • Reporting workplace safety violations
  • Requesting fair wages or FMLA leave
  • Opposing or reporting illegal employer actions

Retaliation claims require showing that the employer’s hostile actions were a direct response to your good-faith participation in these activities.

Violations of Public Policy

A constructive discharge claim may also arise if the employer’s actions violate a specific state or federal public policy. To succeed, you must identify a clear law or regulation that the employer’s conduct breached, proving that the intolerable conditions were designed to force your resignation in defiance of that policy.

Other forms of constructive discharge include: 

• • Sudden demotion or pay cuts
  • Harassment or exclusion
  • Unfair disciplinary action
  • Termination shortly after a complaint

Examples of Constructive Discharge in NC

Constructive dismissal involves a high threshold that can be challenging to grasp in real-world scenarios, making it crucial to hire a seasoned constructive discharge lawyer in North Carolina. Below are examples illustrating what may or may not constitute constructive discharge in North Carolina.

Risking Employee Safety

An employer mandating that window washers clean high-rise buildings without providing safety harnesses or protective gear could trigger a constructive discharge claim due to the extreme danger. 

Conversely, an employer who supplies proper safety equipment, even for a hazardous job, likely does not create conditions severe enough to justify such a claim.

Requiring Illegal or Unethical Conduct

If an employer compels accountants to routinely falsify financial records, exposing them to fraud charges and personal liability, this could constitute constructive discharge. 

However, a one-time request to manipulate figures, while unethical, would likely not meet the threshold for constructive discharge, as it lacks the ongoing severity required.

Failing to Make Reasonable Accommodations

Laws protecting employees with disabilities or religious needs require employers to provide reasonable accommodations to enable job performance. For instance, denying a wheelchair user the ability to use their mobility device for tasks that don’t require standing may support a constructive discharge claim. 

In contrast, failing to provide a sign language interpreter for critical meetings, while problematic, may not rise to the level of constructive discharge.

Talk to an Experienced Employment Lawyer in Raleigh, NC Today

The skilled NC constructive discharge lawyer at The Mack Law Firm brings extensive expertise in navigating wrongful termination cases, including complex constructive discharge claims. Successfully pursuing these claims demands a deep understanding of the law and a strategic approach to proving intolerable workplace conditions. 

Call us at 1-833-744-1002 or submit our online contact form to schedule a free initial case evaluation. With offices in Raleigh, we represent clients in Charlotte, Durham North Carolina, we’re here to protect your rights and guide you toward justice.