New Mexico Jury Instruction - 1.9.2 Miscellaneous Issues Constructive Discharge

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-9-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

New Mexico Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge refers to a set of guidelines provided to the jury in New Mexico regarding the concept of constructive discharge. Constructive discharge occurs when an employer creates such a hostile or intolerable work environment that an employee feels compelled to resign. The jury instruction outlines various aspects and considerations related to constructive discharge cases in New Mexico. The New Mexico Jury Instruction — 1.9.2 covers multiple types of constructive discharge scenarios, including: 1. Hostile Work Environment: This instruction addresses situations where an employer creates a work environment that is hostile, abusive, discriminatory, or otherwise intolerable for an employee so that they effectively have no choice but to resign. 2. Discrimination: Constructive discharge may also occur when an employee is subjected to discriminatory treatment based on protected characteristics such as race, gender, religion, age, disability, or national origin, which becomes so severe that resignation is the only reasonable option. 3. Retaliation: Constructive discharge can stem from an employer retaliating against an employee who engages in protected activities such as reporting harassment, discrimination, or other illegal activities within the workplace. 4. Intolerable Work Conditions: This type of constructive discharge involves situations where an employer deliberately creates unbearable work conditions such as excessive workload, dangerous work environment, or failure to address health and safety concerns, forcing the employee to resign. The New Mexico Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge provides the jury with the following key points: 1. The jury must determine whether the employer created a work environment so intolerable that a reasonable employee in the same situation would feel compelled to resign. 2. The burden of proof rests on the plaintiff to establish that the alleged constructive discharge occurred due to factors such as a hostile work environment, discrimination, retaliation, or intolerable work conditions. 3. The instruction defines what constitutes a hostile work environment, discrimination, retaliation, and intolerable work conditions under New Mexico law. 4. The jury must assess the reasonableness of the employee's decision to resign based on the severity, frequency, and duration of the alleged misconduct or mistreatment. 5. The jury should consider any evidence presented by the defendant, including any remedial actions taken by the employer to address the alleged issues before the employee's resignation. In summary, New Mexico Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge provides comprehensive guidance to juries regarding the evaluation of constructive discharge claims in various contexts, such as hostile work environments, discrimination, retaliation, and intolerable work conditions. By following these instructions, the jury can make an informed decision on whether the plaintiff's claims are valid and whether the employer should be held liable for constructive discharge.