Under Washington State laws, when is the effective date for a constructive discharge? Here’s my point of view.
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CONSTRUCTIVE DISCHARGE (OBJECTIVE STANDARD)
“To establish constructive discharge, an employee must show that an employer engaged in a deliberate act, or a pattern of conduct, that made working conditions so intolerable that a reasonable person would have felt compelled to resign.” Barnett v. Sequim Valley Ranch, LLC, 174 Wn.App. 475, 485 (Div. 2 2013) (citing Sneed v. Barna, 80 Wn.App. 843, 849-50, 912 P.2d 1035, review denied, 129 Wn.2d 1023, 919 P.2d 600 (1996)).
“This is an objective standard and an employee’s subjective belief that he had no choice but to resign is irrelevant.” Id. (citing Travis v. Tacoma Pub. Sch. Dist., 120 Wn.App. 542, 551, 85 P.3d 959 (2004)) (internal quotation marks omitted).
EFFECTIVE DATE
“A constructive discharge becomes effective on either[:]
[1] the date the employee gives notice to the employer or
[2] the last day of actual employment.
Id. at 486-87 (referencing Douchette v. Bethel Sch. Dist. No. 403, 58 Wn.App. 824, 795 P.2d 162 (1990), aff’d, 117 Wn.2d 805, 816 n. 9, 818 P.2d 1362 (1991)) (paragraph formatting added).
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