Certified Human Resource Professional (CHRP) Practice Exam

What could lead to a constructive dismissal claim by an employee?

1. Demotion.

2. Discharge.

3. Suspension with pay.

4. Poor performance evaluation.

The correct answer is: Demotion.

A constructive dismissal claim arises when an employee resigns due to an employer’s behavior that creates an unacceptable or hostile work environment. Demotion can lead to a constructive dismissal claim because it signals a significant change in the employee's status and duties, often reducing their authority, pay, or responsibilities. When an employee is demoted, it may be perceived as a breach of contract or as an indication that the employer no longer values their contribution, compelling the employee to resign as a response to this intolerable situation. Discharge involves termination and does not constitute constructive dismissal; poor performance evaluation typically gives the employer a basis for justified actions, such as continuing to monitor employee performance, rather than creating an intolerable situation. Suspension with pay, while it may be unpleasant, does not usually amount to the intolerable conditions required for a constructive dismissal claim, as the employee is still compensated. Thus, demotion stands out as a direct cause of constructive dismissal due to its potential to substantially change the employee's job terms and create a negative employment environment.