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
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).