5.5.5 Constructive Discharge

In the case in which the quit is actually compelled by the employer rather than voluntary (i.e. constructive discharge), the burden of proof shifts to the employer. Employers often send workers home “to be called later,” then falsely claim that they quit. Similarly, an employee who is forced to resign in lieu of discharge or who resigns to avoid being discharged has not voluntarily quit. In these situations, the employer must prove misconduct in order to disqualify the employee.1

• 1Wood v. La. Dep’t of Emp. Sec., 632 So. 2d 899, 902 (La. App. 2 Cir. 1994).