Posted 01-08-2014

Ann Kiernan replies:

Of course not! But whether it is legal is another matter.

Under the doctrine of constructive discharge, an employee who quits because working conditions are so intolerable that a reasonable employee would feel forced to resign may have a claim for wrongful termination. However, under the law of your state, Texas, such a resignation is generally considered to be voluntary, so you would not be eligible for unemployment benefits.

Constructive discharge is a very difficult claim to succeed on, especially in Texas, so I urge you to raise your concerns to your company’s Human Resources department. If that does not help, please consult a local employment lawyer before you decide you have to resign. Good luck.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.