How to Recognize When Working Conditions Become Intolerable

Escalation Patterns Leading to Constructive Discharge

Harassment Severity Indicators: - Daily or constant harassment making work impossible - Physical threats or actual violence - Sexual assault or severe sexual harassment - Extreme racial, religious, or ethnic harassment - Harassment affecting basic dignity and human respect Employer Response Failures: - Complete failure to investigate harassment complaints - Investigation that finds harassment but takes no corrective action - Retaliation against complainant instead of addressing harassment - Pattern of protecting harassers over victims - Policy statements that discourage or prevent harassment reporting Case Example: Software engineer experienced daily sexual harassment from supervisor including unwanted touching, explicit sexual comments, and threats. After filing HR complaint, harassment escalated and she was excluded from projects, received negative performance review, and was threatened with termination. Company investigation concluded "insufficient evidence" despite multiple witnesses. Resignation after six months of escalating harassment constituted constructive discharge.

Physical and Psychological Indicators

Work Environment Degradation: - Unable to concentrate or perform job duties effectively - Physical symptoms from workplace stress (headaches, nausea, insomnia) - Panic attacks or anxiety when arriving at work - Avoidance of certain workplace areas or situations - Need for medical or psychiatric treatment for work-related stress Professional Impact Assessment: - Significant decline in work performance due to harassment - Loss of professional reputation or relationships - Exclusion from important projects or opportunities - Inability to advance career due to hostile environment - Skills atrophy or career stagnation from harassment impact Personal Life Interference: - Work-related stress affecting family relationships - Health problems requiring medical treatment - Financial strain from harassment-related medical bills - Loss of sleep, appetite, or social functioning - Need for therapy or counseling to cope with work situation

Timing Considerations for Resignation

Immediate Resignation Situations: Consider immediate resignation when facing: - Physical violence or credible threats of violence - Sexual assault or attempted sexual assault - Severe harassment with employer refusing to take action - Retaliation so severe it creates immediate danger - Medical advice to leave workplace for health reasons Strategic Timing Factors: - Allow reasonable time for employer to respond to complaints - Document escalation pattern before resigning - Consider impact of resignation timing on legal claims - Evaluate financial ability to survive unemployment period - Assess whether resignation preserves health and safety Documentation Before Resignation: - Comprehensive record of harassment and employer failures - Medical documentation of harassment impact - Evidence of attempts to resolve situation internally - Witness statements supporting intolerable conditions - Contemporary expressions of intent to resign due to harassment