Texas Courts use six factors to assess whether an employee was constructively discharged fired or terminated: (1) demotion; (2) reduction in salary; (3) reduction in job responsibilities; (4) reassignment to menial or degrading work; (5) badgering, harassment, or humiliation by the employer calculated to encourage the employee’s resignation; or (6) offers of early retirement that would make the employee worse off whether the offer were accepted or not.
“The test is objective. The question is . . . whether a reasonable employee in her situation would have felt so compelled to resign.
This is a high standard. The courts require the demonstration of bad acts (“aggravating factors”) by the employer that caused the employee to quit.
Any single or combination of the factors above or other examples of bad treatment of work may be sufficient to established a forced resignation A.K.A constructive discharge.
If you are concerned about your forced resignation will affect your eligability for unemployment benefits, take a look at the Texas Workforce Commission’s guidance on voluntary leaving.