In Nevada, the elements for a claim of constructive discharge (also known sometimes as tortious discharge) are:
- 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 policy;
- Objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign;
- The employer had actual or constructive knowledge of the intolerable actions and their impact on the employee;
- The situation could have been remedied; and
- 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).
See elements for other claims at the Nevada Law Library