In California, constructive discharge claims arise when an employee resigns because their working conditions become so unbearable that they feel they have no choice but to leave. These conditions must be severe enough that a reasonable person in the employee’s position would have felt compelled to quit. If you or someone you know is experiencing constructive discharge, contact a Los Angeles employment attorney for a free consultation today.
Proving a Constructive Discharge Claim
To successfully claim constructive discharge in California, employees must prove two essential elements:
Intolerable Working Conditions: The employee must demonstrate that the work environment was objectively intolerable, often involving harassment, discrimination, retaliation, or other forms of misconduct.
Employer Knowledge or Intent: The employee must show that the employer either intentionally caused the intolerable conditions or was aware of them and did nothing to rectify the situation.
Examples of Constructive Discharge in California
Harassment and Discrimination
California’s Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination based on race, gender, religion, disability, and other protected categories. If an employee is subjected to harassment or discriminatory practices that are not addressed by the employer, they may have grounds for a constructive discharge claim.
Retaliation
California law also prohibits employers from retaliating against employees for reporting illegal activities, filing complaints about discrimination or harassment, or asserting their rights under labor laws. If an employee faces retaliation that makes their working conditions intolerable, such as significantly reduced work hours or being transferred to a less desirable position, it could be considered constructive discharge.
Unsafe Work Environments
California has stringent safety regulations under the Occupational Safety and Health Administration (OSHA). If an employer knowingly subjects an employee to dangerous or unhealthy working conditions without providing remedies, the employee may be justified in resigning and pursuing a constructive discharge claim.
Signs of Constructive Dismissal
- Job responsibilities, hours, or workload drastically change for the worse.
- Continuous mistreatment with no employer action.
- Negative actions like demotion or pay cuts after reporting misconduct.
- The workplace becomes hazardous or unhealthy without employer intervention.
- You are excluded from tasks or colleagues.
- Unjustified demotion to a lower role.
- Job stress impacts your mental or physical health due to employer actions.
What to Do After a Constructive Dismissal
If you believe you have been constructively dismissed in California, take the following steps:
Document the Situation
Keep detailed records of the intolerable conditions, including dates, communications, and actions taken by the employer.
Report the Issues
Before resigning, report the problems to HR or management to give the employer a chance to resolve the situation. This strengthens a potential legal claim.
Consult an Employment Lawyer
Seek legal advice from a trusted Los Angeles employment lawyer as soon as possible. They can assess whether the working conditions meet the legal standard for constructive dismissal and help you file a claim.
File a Complaint
If the case involves harassment, discrimination, or retaliation, file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). They will investigate your allegations and may take legal action on your behalf.
Consider a Wrongful Termination Lawsuit
If legal grounds are met, you may file a lawsuit for wrongful termination, seeking damages for lost wages, emotional distress, and possibly punitive damages.
Contact a Los Angeles Employment Law Attorney Today
If you have been constructively dismissed, arrange a free consultation with our experienced employment lawyers in Los Angeles today. We can help you hold your employer accountable and ensure you receive the compensation you deserve.