When claiming constructive dismissal, an employee must prove three main factors:
• That the employer was deliberately trying to force them to quit as a form of discrimination, retaliation, or any other grounds for wrongful termination
• That the employer intentionally created or willfully allowed others to create a hostile or toxic work environment that was intolerable
• That the intolerable working conditions were severe enough that the employee had no other options but to resign
All three elements must be present in order for a resignation to be considered a constructive termination.