Some employers are dishonest, and they use underhanded techniques to get rid of employees. For example, they may make work conditions so bad that employees feel they have no choice but to quit, a tactic known as “constructive discharge.”
Under California law, you may still have rights if this happens to you. When you are in this stressful and overwhelming situation, understanding the basics can help you know what to do.
What is constructive discharge?
Constructive discharge happens when an employer creates intolerable work conditions that force an employee to resign. These conditions must be so bad that a reasonable person would feel they have no choice but to quit.
Examples of constructive discharge include severe harassment, unsafe working conditions, or drastic changes to job duties without a valid reason. Note that dissatisfaction with your job or your boss being rude does not qualify. The workplace environment must clearly violate your rights or create a harmful situation.
Constructive discharge can happen in any job setting and is illegal according to both state and federal law. It applies to full-time, part-time, or contract employees.
What steps can you take if you experience constructive discharge?
If you believe you were subject to constructive discharge, it is wise to act quickly. The law requires proof that your employer intentionally caused these conditions or failed to fix problems they knew about, so you need full documentation.
Write down what happened, when it happened, and who the parties were to these incidents. Save emails, memos, or any other evidence that supports your claim. This information can establish that your employer created an unworkable environment.
The state also expects you to have reported the issue to your employer. When doing this, you must use the proper channels, such as human resources or your direct manager. This step can show you tried to resolve the problem before quitting. If the company does not take action or makes things worse, it strengthens your case.
California has strong protections for workers, including laws against retaliation and harassment. You may be able to file a claim with a state agency to seek compensation for lost wages or other damages.
Knowing your rights can help you regain control after constructive discharge. With swift action, you may be able to hold your employer accountable and protect your future.
