Legal Memorandum: Constructive Discharge in PR

Issue: What is a constructive discharge under Puerto Rico law?

Area of Law: Employee Law
Keywords: Constructive discharge; Resignation of employee; Induce or force to resign
Jurisdiction: Federal, Puerto Rico
Cited Cases: None
Cited Statutes: 29 Laws P.R. Ann. § 185e
Date: 05/01/2004

A constructive discharge is defined under Puerto Rico law as “[t]he resignation of employment motivated by action(s) of the employer directed to induce or force [the employee] to resign, such as [to] impose or attempt to impose more onerous working conditions, reduce the salary, demote [the employee] in category or submit [the employee] to abuse or humiliation verbally or by action.”  Law 80 of May 30, 1976, art 5, 29 Laws P.R. Ann. § 185e.


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