Fill and Sign the Tax Considerations When Settling Employment Cases Form

1.9.2 Miscellaneous IssuesConstructive Discharge In this case, with respect to the Plaintiff's claim for economic damages - - that is, lost wages, which I will discuss in a moment - -there is an issue as to whether the Plaintiff was constructively discharged (as the Plaintiff alleges) or whether the Plaintiff voluntarily resigned or quit (as contended by the Defendant). To prove a constructive discharge the Plaintiff must demonstrate that working conditions were so intolerable because of a [sexually] [racially] hostile work environment that a reasonable person in like circumstances would have felt compelled to resign. If you find from a preponderance of the evidence that the Plaintiff's conditions of employment were intolerable as claimed, then you may conclude that the Plaintiff was constructively discharged. If the Plaintiff has not proven such intolerable working conditions, then the Plaintiff's resignation may be considered voluntary and the Plaintiff would not be entitled to any economic damages as a result of the loss of employment. ANNOTATIONS AND COMMENTSThomas v. Dillard Department Stores, Inc., 116 F.3d 1432, 1434 (11th Cir. 1997); Morgan v. Ford, 6 F.3d 750, 755 - 56 (11th Cir. 1993), cert. denied, 512 U.S. 1221, 114 S.Ct. 2708, 129 L.Ed.2d 836 (1994) (discussing elements of proof for constructive discharge claim). This instruction refers to economic damages related to loss of employment because it is possible, even if the jury decides that the Plaintiff’s resignation was voluntary and not the result of a constructive discharge, that the Plaintiff might still be able to prove, and recover for, violations that occurred during the existence of the employment relationship. If the case being tried differs from that fact pattern, an appropriate modification of this instruction should be made. When this instruction is used it may be necessary to expand the Interrogatories to the Jury.