You Didn’t Fire Them But Still Got Sued: Constructive Discharge Explained

Added: 2026-05-06

[00:00:00]The client came to me yesterday and they are being sued for disability discrimination. The client told me that he never fired this this employee. They just started cutting down their hours.

[00:00:13]And he thought that that was the safest way to fire somebody. You just don't need to fire them or lay them off. You just reduce the number of hours they work. But actually, that could be a constructive discharge. Some people don't know what constructive discharge is. The court says that if the conditions of working are so unreasonable that a reasonable person would not work under those circumstances, it could be considered a constructive discharge if even though you never actually fired the employee.