Health is Not Negotiable

Guide for Considering Resignation Due to Constructive Discharge (Last Resort)

1. Understand the Concept of Constructive Discharge
Constructive discharge occurs when an employee resigns because their work environment has become so intolerable that a reasonable person would feel compelled to leave. This often involves discrimination, harassment, or a hostile work environment related to a protected characteristic, such as a disability.

2. Recognize When Resignation May Be Necessary
Resignation should be considered a last resort after attempting all other avenues to resolve the issues. You might consider resigning if:

  • You have a recognized disability and have requested reasonable accommodations.

  • Your employer refuses to provide, denies, or fails to engage in the interactive process regarding accommodations.

  • You are subjected to bullying, harassment, or retaliation related to your disability.

  • The employer refuses to investigate or respond to your complaints or accommodation requests.

  • The work environment becomes physically or mentally harmful due to the employer’s actions or inactions.

  • All other efforts to resolve the conflicts or obtain accommodations have failed.

3. Document Everything in Writing
Before resigning, document your experiences thoroughly:

  • Keep records of all requests for accommodations, including dates, content, and responses.

  • Record incidents of bullying, harassment, or retaliation, noting dates, times, witnesses, and details.

  • Write a formal letter or email to your employer detailing how the refusal of accommodations, bullying, or lack of response has created a hostile work environment.

  • Clearly state that the continued refusal to accommodate or address your concerns has caused you harm (mental or physical health).

  • Indicate that you are resigning due to a hostile work environment caused by disability discrimination and that this is your last resort.

4. When to Resign
Consider resigning if:

  • Your employer has refused to engage in meaningful dialogue about accommodations after multiple attempts.

  • The hostile environment is affecting your health and well-being.

  • You have exhausted internal complaint procedures and/or filed formal complaints with relevant agencies (EEOC, state agencies).

  • You have received legal advice indicating that resignation is appropriate because the employer’s conduct constitutes discrimination and harassment.

5. Important Legal Considerations

  • Resignation under these circumstances may be viewed as constructive discharge, which could support legal claims for disability discrimination or hostile work environment.

  • Because these matters are complex, consult a qualified employment lawyer before resigning.

  • A lawyer can review your documentation, advise on the strength of your case, and ensure your resignation letter appropriately states your reasons.

6. Sample Resignation Letter (Last Resort)
(Note: This should be reviewed by a lawyer before submitting)

[Your Name]
[Your Address]
[Date]

[Employer’s Name]
[Company Name]
[Company Address]

Dear [Employer’s Name],

I am writing to formally resign from my position at Amazon, effective immediately.

This decision has not been made lightly. Over the course of my employment, I have requested reasonable accommodations for my disability, but my requests have been consistently denied or ignored. I have experienced ongoing bullying, harassment, discrimination and retaliation due to my disability, which have created a severe and pervasive hostile work environment. Despite my efforts to communicate and seek resolution, Amazon has refused to engage in the interactive process or address these concerns adequately.

The continued refusal to accommodate my disability, failure to respond to my complaints and other retaliation has created a hostile work environment that is severe and pervasive, and has caused significant harm to my mental and physical health. Under these circumstances, I find it impossible to continue working in such an environment.

This resignation is made due to the hostile work environment stemming from disability discrimination, and I reserve my right to pursue legal remedies for the discrimination and harassment I have endured.

Sincerely,
[Your Name]

7. Final Advice

  • Seek legal counsel before resigning to ensure your rights are protected and your resignation appropriately reflects your situation.

  • Consider filing complaints with the EEOC or relevant state agencies if you believe your rights have been violated.

  • Take care of your health and well-being throughout this process.