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This is the legal doctrine of “constructive discharge.” The doctrine of constructive discharge may apply and give you certain legal rights even where you thought quitting would eliminate them.ĬONSTRUCTIVE DISCHARGE CALIFORNIA FAQ Why Constructive Discharge is Importantįortunately, under California law, quitting is sometimes legally treated the same as if you’d been fired. However, there is an exception that can apply if your employer knowingly created an unbearable, hostile work environment to try to force you to quit.
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Wrongful termination cases typically require that you have actually been “fired.” If you quit, that usually makes this legal remedy unavailable to you.
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But most employees caught in that situation will wonder: No employee should have to put up with that, and you may have a case. Your employer may have unjustifiably cut your hours or reduce your pay.Įmployers may try to force you to quit through mistreatment, intimidation, harassment, discrimination or retaliation. In many of these agreements, if the employer acts without good cause to force a contract employee to resign, that individual may have a claim for constructive discharge.ĬONSTRUCTIVE DISCHARGE CALIFORNIA FAQ When does Quitting Become Considered as Constructive Discharge? How would I try and prove a constructive discharge claim? Under this theory, you may have a cause of action for wrongful termination just as if you were fired outright.Ĭonstructive discharge or termination applies not only to at-will employees but also to many employees working under employment contracts. This leaves the worker no realistic choice but to quit, that employee may have a claim for constructive discharge. Unfortunately, too many California employees find themselves in the difficult position of wanting to resign their jobs because conditions at work have become unbearable.