Can you still pursue litigation against your former employer even if you’re the one who terminated the relationship?
It’s a question we often see as people wonder if the hostile work environment that forced them to leave still means they have a window to recover damages. It’s not unusual for someone to feel stuck between staying in a toxic workplace and quitting without a safety net. The terms “wrongful termination” and “constructive discharge” come up often in these conversations, and while they sound similar, there’s an important distinction between the two. The key difference is who ends the employment. In one, the employer lets the worker go. In the other, the worker resigns because continuing no longer feels possible.
What is Constructive Termination?
Constructive termination, which is also referred to as constructive discharge or dismissal, happens when a person leaves their job due to working conditions that become impossible to tolerate. On paper, it may look like the employee quit. But when those conditions are extreme, the law may treat the resignation as though it were a firing.
This kind of situation doesn’t usually stem from a single bad day. It usually involves a pattern of unchecked harassment, based on a protected status, repeated discrimination (based on a protected status) , or retaliation that escalates after reporting misconduct.
The law tends to look at how a reasonable person would have responded. If most people in the same position would have felt the need to walk away, that can sometimes support a constructive discharge claim.
Can You Still Pursue Damages If You Quit?
Yes, you may still have a valid claim, even if you were the one to resign. The law recognizes that quitting isn’t always a personal choice, but rather something a worker feels forced into. If you work in the private sector in California, you typically have two or three years to bring a claim, depending on the legal issue. However, it’s important not to wait, as timing can affect your options and you don’t want to run into statute of limitations issues or miss the opportunity to take steps that could help your case
Proving a Constructive Discharge Case
Leaving a job due to stress or frustration doesn’t necessarily mean you were constructively discharged. To bring a claim, the working conditions generally need to be so intolerable that continuing the job would feel unreasonable to the reasonable person. And your decision to leave needs to be directly tied to those conditions.
Courts don’t normally expect you to prove your employer wanted you gone. What matters in most cases is whether the employer’s actions created a situation that left you feeling like you had no real choice. And that the employer was aware of those conditions. This can include severe or ongoing harassment, threats, discriminatory behavior, or demands that break the law. Documentation can be helpful here (emails, texts, HR reports, and witness statements).
Get the Personalized Representation You Need in California
If you believe your working conditions left you no choice but to quit, you don’t have to face the next steps alone. Our firm takes the time to understand your unique situation and offers guidance tailored to your needs. Every case deserves careful attention. Fill out our employment law intake form and contact our firm if you believe you were wrongfully terminated or constructively terminated.
The information contained in this blog and on this website is only intended for educational purposes and should not be considered legal advice. You should consult with an attorney before acting on information you read online.
