Oregon 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.

Oregon Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge In Oregon, constructive discharge refers to a situation where an employer creates unbearable working conditions that force an employee to resign. In such cases, the resignation is considered involuntary, as the employer's actions essentially made continued employment impossible. The Oregon Jury Instruction — 1.9.2 addresses several key aspects and elements related to constructive discharge cases. These instructions provide guidance for both jurors and legal professionals to understand and analyze such claims. Key points covered by this instruction include: 1. Hostile Working Environment: This instruction instructs the jury to consider whether the working conditions were so intolerable that a reasonable person in the employee's position would feel compelled to resign. Factors like harassment, discrimination, bullying, or other forms of misconduct that create a hostile work environment are crucial considerations. 2. Employer Intent: The instruction requires the jury to determine if the employer intended to force the employee to quit by creating such adverse working conditions. This involves assessing evidence of the employer's actions, knowledge of the situation, and whether they acted purposefully to discourage the employee from continuing their employment. 3. Employee's Perception: The instruction highlights the importance of considering the employee's subjective perception of the working conditions. It instructs the jury to evaluate whether a reasonable person in the employee's position would genuinely believe that continued employment was no longer tenable due to the intolerable conditions. 4. Connection to Protected Class: If the constructive discharge claim is founded on discriminatory grounds, the instruction emphasizes the need to determine whether the employee belongs to a legally protected class, such as race, age, gender, or disability. If the adverse working conditions were driven by discriminatory motives, it strengthens the employee's claim. 5. Reasonable Alternatives: This instruction states that a constructive discharge claim could only be valid if the employee exhausted all reasonable alternatives before resigning. If the employee fails to explore available options, such as reporting the hostile environment to the human resources department or seeking redress through appropriate channels, it may weaken their claim. It is important to note that Oregon Jury Instruction — 1.9.2 is a general guideline, and there may not be different types of instructions specific to this particular issue. However, variations may exist depending on the specific circumstances of each constructive discharge case. In summary, the Oregon Jury Instruction — 1.9.2 Miscellaneous Issues Constructive Discharge outlines the essential elements that must be considered in constructive discharge cases. By thoroughly examining factors like intolerable working conditions, employer intent, employee perception, connection to protected classes, and reasonable alternatives, juries can make fair and informed decisions when adjudicating these claims.