Employment Law
Constructive Discharge in California
When Quitting = Being Fired
If your employer creates conditions so bad that a reasonable person would have no choice but to quit, the law treats your resignation as a termination. You may pursue wrongful termination claims, including discrimination, retaliation, or breach of contract.
Proving Constructive Discharge
You must show: (1) working conditions were sufficiently intolerable, and (2) the employer either deliberately created them or knew about them and failed to remedy. Courts apply an objective standard—would a reasonable employee in your shoes have felt forced to quit?
Documentation
Document everything: dates, incidents, witnesses, emails, performance reviews. If you have complained to HR or management, keep records. This evidence is crucial for proving constructive discharge.
Act Promptly
If you believe you have been constructively discharged, consult an employment attorney before resigning. They can advise on timing, documentation, and whether you have viable claims.
Frequently Asked Questions
What is constructive discharge?
Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign. Legally, it is treated as a termination—so you may have wrongful termination claims even though you quit.
What conditions can support constructive discharge?
Examples include: severe harassment that the employer failed to address, demotion with significant pay cut, being assigned impossible tasks, exclusion from work, or retaliation for complaining. The conditions must be objectively intolerable, not merely unpleasant.
Do I have to give notice before quitting for constructive discharge?
No, but you should document the conditions and, if possible, report them through internal channels first. This can strengthen your claim that the employer had notice and failed to act. Consult an attorney before resigning.
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Contact the Law Offices of Steven A. Alexander for a free consultation. Offices in Santa Ana and Fresno. Bilingual (English/Spanish).
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