The term constructive discharge refers to being forced to quit your job because the working conditions are intolerable and you are essentially left with no other choice. Claims for constructive discharge in the employment context can be shown when the employer created the hostile environment or allowed it to continue, as a way to force the employee to quit. Another theory is that the employer knew the intolerable work environment existed and would likely cause any reasonable employee to quit. A recent case involving a school principal and a pending DUI charge sheds some light on the concept of constructive discharge.
Judge v. Shikellamy School District
A recent case out of Pennsylvania, Judge v. Shikellamy School District,
considered the true nature of constructive discharge claims in the context
of “forced resignation.” After being arrested for DUI, an
elementary school principal was offered the opportunity to resign before
she was formally charged. Otherwise, termination proceedings would be
instituted by the school board, including a hearing. She ultimately resigned
but later filed a lawsuit alleging constructive discharge. The appellate
court analyzed whether the offer of resignation in lieu of a termination
hearing could be considered constructive discharge.
Facts Surrounding DUI and Principal’s Continued Employment
The elementary school principal was pulled over by a state trooper and,
after admitting she had been drinking, her blood alcohol level was recorded
as more than four times the legal limit. However, she was released from
police custody without being told her blood alcohol level.
The school superintendent became aware of the traffic stop and confronted
the principal about the incident. He took issue with the fact she had
not notified the school board that she had been stopped under suspicion
of drunk driving. He told her she could either resign and receive a neutral
reference or she would be terminated if DUI charges were filed against
her. The principal was given one day to decide.
Principal Chooses Voluntary Resignation
The principal made the decision to resign although she did not discuss
the legal situation with the attorney she had hired to represent her on
the DUI. She met with the superintendent and offered her letter of resignation
while commenting that she had not yet been charged. The superintendent
then notified her that she had officially been charged with the DUI and
handed her the paperwork.
Principal Files Lawsuit a Year Later
Almost a year after her resignation, the principal filed a lawsuit against
the county and the school board members alleging various claims arising
from, what she claimed, was her constructive discharge. The school board
members were dismissed from the lawsuit because they are entitled to qualified
immunity under the law. The trial court also granted the county school
district summary judgment, dismissing the remaining claims, because it
reasons she had voluntarily resigned. Of course, the principal appealed
the dismissal.
Court’s Analysis of Constructive Discharge Claim
Following the analytical framework set out by our Eleventh Circuit, the
Third Circuit determined that the principal’s resignation was voluntary
and, therefore, not considered a constructive discharge. Specifically,
the circuit court held that her resignation was not obtained through any
type of coercion or under duress. Instead, she was offered an alternative
- a pre-termination hearing. The court determined that she understood
what her choice was and had an opportunity to consider her alternatives
before making a decision to resign. Most importantly, the court pointed
out that the standard for determining constructive discharge is objective,
meaning that the question is not what the employee believed but “whether
a reasonable person under the circumstances ‘would have felt compelled
to resign.’”
If you feel you have been the victim of discrimination or retaliation
in the workplace, or if you have any other questions regarding your employment
rights, please contact the experienced Birmingham employment law attorneys
at Michel Allen & Sinor . You can contact us either online or by calling
us at (205) 265-1880. We are here to serve you!