6.41 Elements of Claim: Constructive Discharge is a set of legal criteria that must be met in order for an employee to successfully pursue a claim of wrongful termination based on constructive discharge. Constructive discharge is a form of wrongful termination in which an employer creates an intolerable work environment for an employee, forcing them to resign. To prove a claim of constructive discharge, the employee must establish that there was: (1) a working environment so intolerable that a reasonable person would feel compelled to resign; (2) discriminatory treatment by the employer; (3) the employer’s conduct was the cause of the employee’s resignation; and (4) the employee suffered a financial loss due to the resignation. There are two types of constructive discharge: actual and constructive. Actual constructive discharge occurs when the employer explicitly tells the employee to resign or face termination. Constructive discharge occurs when the employer’s conduct creates an intolerable working environment that forces the employee to resign, even if the employer does not explicitly tell the employee to resign. In both cases, the employee must establish the four elements of a constructive discharge claim in order to succeed.