LawSmart.com

What Are The Criteria For Establishing Whether I Have A Valid Claim For Constructive Discharge?

In any action under the statutes of this state or under common law, constructive discharge may only be established by either of the following:

1. Evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, if the employer has been given at least fifteen days' notice by the employee that the employee intends to resign because of these conditions and the employer fails to respond to the employee's concerns.

2. Evidence of outrageous conduct by the employer or a managing agent of the employer, including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment by the employer or by a managing agent of the employer or other similar kinds of conduct, if the conduct would cause a reasonable employee to feel compelled to resign.

Other Arizona Labor and Employment FAQs

Q: Is A Work Permit Required For Employment Of A Minor?
A: No. The State of Arizona does not issue work permits for the employment of a minor. More
Q: Are Minors Prohibited From Any Specific Occupations?
A: Arizona law prohibits minors under the age of 18 from certain occupations. Click here for the statute identifying the occupations prohibited for minors under age 18 … More
Q: Are There Regulations For The Hours A Minor May Be Employed?
A: Employment of minors under the age of sixteen must be confined to: 1. Not more than forty hours in any one week when the person is not enrolled in a session of school … More
Q: What is the minimum wage in Arizona?
A: The state of Arizona has no minimum wage law. The Federal minimum wage law would, therefore, apply. The current Federal minimum wage is $7.25 per hour. Arizona law … More
Q: Is There Any Payday Regulation In Arizona?
A: Yes. An employer must have two or more designated paydays in a month, not more than sixteen days apart. More
Q: If I Am Fired From My Job, How Soon Must My Employer Pay Me?
A: If you are terminated from your job, your employer must pay you all earnings owed within three working days of termination or the end of the next regular pay period, … More
Q: Can An Employer Require An Employee To Join A Labor Union?
A: An employer may not require that an employee become or remain a member of any labor union as a condition of employment. Nor can an employer require an employee to … More
Q: What Is The Arizona Job Training Program?
A: The Arizona Job Training Program supports the design and delivery of training plans that meet unique industry standards and challenges. Under the "Net New Hire" … More
Q: What Role Does Government Play In Registered Apprenticeship?
A: The State of Arizona is authorized, in cooperation with the federal government, to oversee apprenticeship programs registered in the state. The Arizona apprenticeship … More
Q: What Industries Currently Participate In Registered Apprenticeship?
A: The following industries are among those that participate in registered apprenticeship: Construction, Manufacturing, Telecommunications, Information … More

Employment Discrimination
Fair Labor Standards Act (FLSA)
Family Medical Leave Act (FMLA)
Labor Management Relations Act (LMRA)
Occupational Safety & Health Act (OSHA)
Rehabilitation Act of 1973
Sexual Harassment
Wages and Hours
Wrongful Termination

What Are The Criteria For Establishing Whether I Have A Valid Claim For Constructive Discharge?

Other Arizona Labor and Employment FAQs

Labor and Employment Sub-categories