Constructive Discharge in California

Constructive discharge happens when an employer creates unbearable working conditions that leave an employee with no choice but to resign. Also known as constructive dismissal or constructive termination, this situation often happens when a work environment is so adverse that a reasonable person in the employee’s position would feel forced to quit. If specific criteria are met, this situation may give grounds for legal action. Let us look at the critical aspects of constructive discharge under California law.

What Defines Constructive Discharge?

Under California law, constructive discharge is determined based on three key elements:

• The employer deliberately establishes or knowingly allows specific unfavorable conditions to exist.
• The conditions are so unbearable that an employee feels they have no choice but to resign.
• A reasonable employer would have understood that such conditions would likely compel a reasonable person to leave their job.

It is important to note that not all unpleasant workplace experiences qualify as constructive discharge. Your employer must have been aware of the unfavorable conditions and deliberately caused them or allowed them to persist knowingly. So, if an employer leads to the ultimate resignation of an employee by creating a situation so unbearable that the employee feels compelled to resign, this can qualify for a constructive discharge case.

The following are examples of actions by employers that could lead to constructive discharge:

• Bullying or verbal harassment
• Unjustified demotions or reduced pay
• Unreasonable performance reviews
• Intimidating remarks that create a hostile environment
• Transfers and reassignments
• Retaliation after reporting workplace misconduct or other issues

Can You Sue for Constructive Discharge?

Yes, you can sue for constructive discharge if it meets the criteria for wrongful termination. This is also the case even if you are an at-will employee. Under California law, a wrongful constructive discharge occurs when the forced resignation:

• Violates an implied contract, such as a promise of job security.
• Breaches public policy, for example, if you were forced out after refusing to engage in illegal activities.
• Results from retaliation, including whistleblowing or exercising your legal rights 

How Do You Prove a Constructive Discharge Case?

Proving that you were constructively discharged requires compelling evidence. You must prove the following:

• Intolerable working conditions: The environment was so bad that no reasonable employee would stay.
• Employer’s knowledge: Your employer knew about these conditions and either caused them or allowed them to continue.
• Direct link: A clear connection exists between the conditions and your decision to resign.

Evidence that may come in handy while proving a constructive discharge case can be in the form of witness testimony or documentation that supports your wrongful termination claims, like emails, performance reviews, or dates and nature of the misconduct. 

What to Do After a Constructive Dismissal

If you believe you have been constructively discharged, taking the right steps ensures you protect your rights. This includes the following:

• Document incidents, dates, and any communication regarding the intolerable conditions.
• Consult an employment attorney to assess whether your case meets the legal standards for constructive discharge.
• File a complaint for claims like discrimination, harassment, or retaliation by submitting a complaint to the Civil Rights Department before pursuing a lawsuit.
• Consider filing a wrongful termination lawsuit: If your case meets the legal criteria for wrongful termination, you may also pursue a wrongful termination lawsuit to recover compensation for lost income, emotional suffering, and, in some instances, punitive damages.

Contact a California Employment Lawyer Today

If you believe you have been constructively discharged, contact a California employment lawyer today to discuss your legal options.