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Constructive Dismissal Letter Template for United States

A Constructive Dismissal Letter is a formal document used in U.S. employment law when an employee resigns due to intolerable working conditions created by their employer. The letter documents the circumstances that made continued employment impossible, effectively forcing the employee's resignation. Under U.S. federal and state laws, this can be treated as a form of wrongful termination, potentially entitling the employee to similar remedies as if they had been directly terminated.

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What is a Constructive Dismissal Letter?

A Constructive Dismissal Letter is utilized when an employee has been forced to resign due to their employer's conduct making the work environment unbearable. This document serves as formal notification and evidence in potential legal proceedings under U.S. employment law. The letter should detail specific incidents, timeline of events, previous attempts at resolution, and the direct impact on the employee. It's crucial for establishing a legal claim that the working conditions were so intolerable that a reasonable person would feel compelled to resign. The letter typically precedes any legal action and may be required for EEOC claims or state-level employment disputes.

What sections should be included in a Constructive Dismissal Letter?

1. Employee Information: Full name, position, department, and duration of employment

2. Chronological Events: Detailed timeline of incidents leading to constructive dismissal

3. Previous Attempts at Resolution: Documentation of prior complaints and employer's responses

4. Intolerable Conditions: Specific description of workplace conditions that forced resignation

5. Notice of Resignation: Formal statement of resignation due to intolerable conditions

What sections are optional to include in a Constructive Dismissal Letter?

1. Health Impact Statement: Description of any physical or mental health effects resulting from the workplace conditions

2. Witness References: Names and statements of witnesses to relevant incidents

3. Legal Representation Notice: Attorney information and representation statement

What schedules should be included in a Constructive Dismissal Letter?

1. Schedule A - Supporting Documentation: Copies of relevant emails, memos, or other communications evidencing the intolerable conditions

2. Schedule B - Medical Records: Relevant medical documentation if health impacts are claimed

3. Schedule C - Employment Contract: Copy of original employment agreement and any amendments

4. Schedule D - Previous Complaints: Copies of formal complaints previously filed with HR or management

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use

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