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In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in effect a termination. For example, when an employer makes life extremely difficult for an employee, to attempt to have the employee resign, rather than outright firing the employee, the employer is trying to effect a constructive discharge. The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer. The employee may resign over a single serious incident or over a pattern of incidents. Generally, the employee must have resigned soon after the incident. ==United States law== In the United States, constructive discharge has differing meanings depending on the jurisdiction.〔http://www.dol.gov/elaws/eta/warn/glossaryall.asp#Constructive_Discharge〕 In California, the California Supreme Court defines constructive discharge as follows: "In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign."〔(''Turner v. Anheuser-Busch, Inc.'' ), 7 Cal. 4th 1238, 1251, 876 P.2d 1022 (1994)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Constructive dismissal」の詳細全文を読む スポンサード リンク
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