Footnote 203

Even where the worker leaves the job without being fired, he may be able to establish a case of "constructive discharge." In order to do so, the plaintiff must make the following showing:

[T]he employer, for discriminatory reasons, and with the intent of forcing the plaintiff to quit, has either (1) confronted the plaintiff with a choice of resigning or being fired, (2) rendered the plaintiff's working conditions so difficult or unpleasant that a reasonable person in the plaintiff's position would feel compelled to resign, or (3) induced the plaintiff's resignation by misrepresenting a material fact.

Modjeska, supra note 79, § 1.03, at 1-4 to 1-5 (3d ed. 2002) (footnotes omitted).