In a January 2019 case, Karagozian v. USV Optical, Inc., the Appellate Court for the State of Connecticut defined two required elements in order to prove a constructive discharge case.  

Generally, a constructive discharge occurs when your work conditions are so intolerable that any reasonable employee would resign.  

In the case of Karagozian v. USV Optical, Inc. the Appellate Court made is clear that in order to state a proper claim for constructive discharge the plaintiff must allege that (1) the employer intended to create intolerable conditions, and (2) a reasonable person would have felt that the conditions were so intolerable that they would have felt compelled to resign.  

So, you must prove that the employer had the subjective intend to create intolerable working conditions.  That is much more difficult to prove, than simply proving that the employer created the conditions, and the conditions were as intended.  The proof requires proof that the employer intended to create conditions that they knew going to be intolerable.

If you believe you might have a case for a constructive discharge, contact the Groton, Connecticut employment lawyers at The Bartinik Law Firm, P.C. at 860-445-8521.  Our office is at 100 Fort Hill Road, Ste.2, Groton, Connecticut 06340, and we handle cases all over Connecticut. 

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut