What Is Constructive Discharge?Ī constructive discharge occurs when an employee quits a job because the working conditions are so intolerable that any reasonable person in the same situation would have felt forced to quit.įor example, an employee who quits after being required to work in dangerous conditions or subjected to constant harassment might have a constructive discharge claim. Under the legal concept of ' constructive discharge,' an employee who is forced to quit is treated as if he or she was fired - and will be eligible to collect unemployment. However, if you are forced to quit because of hostile working conditions, you may still qualify for benefits. If you quit your job without good cause (as defined by your state), you won't be eligible for benefits. (This is only one of several eligibility requirements to learn about the others, see Who Is Eligible for Unemployment?) To be eligible for unemployment benefits, an applicant must be out of work through no fault of his or her own.
