Have you seemingly been forced to quit your job? Our careers provide purpose to our lives while also ensuring we’re able to provide financial stability for ourselves and our families, but sometimes even the strongest employees are faced with difficult decisions on the job.
You might be one of thousands of people who are forced to decide between continuing to work in a hostile work environment or resigning for your own good. Many people feel like they need to force their employer’s hand before pursuing a wrongful termination case, but you may have legal recourse even if you were forced to quit.
This is often referred to as “constructive discharge.” When quitting is your only option, Brandon Banks Law aims to help you recover the financial damages you suffered along the way.
What is Constructive Discharge in California?
The United States Department of Labor defines constructive discharge as any circumstance when “ a worker’s resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign.”
Similarly, under California law, Constructive termination, also known as constructive discharge, occurs when an employer’s actions create intolerable working conditions that effectively force an employee to resign. Under California law, this is treated as if the employer had actually fired the employee.
This could involve severe harassment, significant reductions in pay or benefits, or other forms of discrimination or retaliation that make the work environment unbearable. For instance, if an employer continuously fails to address severe harassment or discrimination against an employee, these actions could be considered constructive termination. Another example could be an employer giving an ultimatum that forces the employee to engage in illegal activities, thereby creating an intolerable work environment.
In essence, constructive termination in California law is when an employer’s conduct makes working conditions so unbearable that a reasonable person would have no choice but to resign. This legal concept ensures that employees are protected from being forced out of their jobs through indirect means rather than direct firing.
If you believe you are working in conditions that amount to constructive discharge in California we want to help.
Was Quitting the Only Option?
We stand up for workers who have a California employment law case against former employers, generally taking on cases after the employee has separated from their employer. When you feel like you’ve been forced to resign from your position, we will explore your case and work to determine if there are other options. This often requires an objective analysis of the intolerable working conditions.
Documentation can be crucial in constructive discharge cases. Did you reach out to Human Resources (HR) to discuss the issues? Did you talk to your supervisor about your concerns? Were there attempts to alleviate the issues on your end and did your employer reciprocate those efforts?
If you made documented attempts to remedy the situation while your employer refused to do their part then you may have a claim. Proving a constructive discharge case often requires proof that you were either given an unlawful ultimatum of some kind or proof that the employer created such a hostile work environment that any reasonable person would have chosen to leave the job.
California Constructive Discharge Cases with Brandon Banks Law
We are a boutique California employment law firm with the experience and knowledge to take on employers who put their employees in an impossible position. If you’ve been forced to quit because of an unlawful ultimatum or due to a hostile work environment, contact Brandon Banks Law today.
