US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 4.23
Miscellaneous Issues – Constructive Discharge
In this case, [name of plaintiff] claims that [he/she] lost wages and benefits
because [name of defendant] “constructively discharged” [name of plaintiff] from
[his/her] job. Put another way, [name of plaintiff] claims that [he/she] left [his/her]
job because the hostile work environment made [his/her] working conditions
intolerable.
[Name of defendant] denies that [he/she/it] constructively discharged [name
of plaintiff] and claims that [name of plaintiff] voluntarily quit.
To prove constructive discharge, [name of plaintiff] must prove that the
hostile work environment made [his/her] working conditions so intolerable that a
reasonable person in [his/her] position would have felt compelled to resign.
If you find that [name of defendant] constructively discharged [name of
plaintiff], you may award [name of plaintiff] lost wages and benefits caused by the
constructive discharge. If you find that [name of plaintiff] was not constructively
discharged, you may not award [name of plaintiff] lost wages and benefits due to
the loss of employment.
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-12
- Content hash
e8603eb573a974b898da3d58a1b122c9d19023047efdb6210499b2a4861a01c1
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