Constructive Discharge Claim Dismissed by Washington Court

Yesterday, Division III of the Washington Court of Appeals issued an “unpublished” opinion addressing constructive discharge under Washington law.  The decision does not break any new ground in Washington employment law, which why it is unpublished, but it is worthwhile to observe what is not a constructive discharge.  The employee argued constructive discharge after he was hired as a human resources director but was reassigned to a sales position.  His pay went down because of sales performance, but he could have earned a higher salary and he could have advanced to management positions.  These circumstances did not present the level of intolerable working conditions, duress, or oppressive actions that demonstrate a constructive discharge.  A copy of the opinion can be read here: West One Automotive Group v. Poll.