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Nevada Law Library

Constructive Discharge Aka Tortious Discharge (Employment)

In Nevada, the elements for a claim of constructive discharge (also known sometimes as tortious discharge) are:

1.         The employee’s resignation was induced by actions and working conditions by the employer which are so intolerable as to amount to firing despite a lack of termination.  The actions of the employer violate public policy;

2.         Objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign;

3.         The employer had actual or constructive knowledge of the intolerable actions and their impact on the employee;

4.   The situation could have been remedied; and

5.    Causation and damages.

Dillard Dept. Stores, Inc. v. Beckwith, 115 Nev. 372, 376, 989 P.2d 882 (1999); Martin v. Sears Roebuck & Co., 111 Nev. 923, 899 P.2d 551 (1995).