In
employment law, constructive dismissal, also called constructive discharge, is where an
employee resigns because of their
employer's behaviour. The employee must prove that the behaviour was unfair — that the employer's actions amounted to a fundamental breach of contract or the law.The employee may resign over a single serious incident or over a pattern of incidents. Generally, the employee must have resigned soon after the incident.The notion of constructive dismissal comes from the concept that (as it is phrased in
United Kingdom law) "An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee." (Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84, EAT.)
See more at Wikipedia.org...
Under the employment law of some states, judges will consider a situation where there has been a fundamental violation of the rights of an employee, by the employer, so severe that the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer. - (
read more on Constructive dismissal)