In workplaces throughout California, workers may be subjected to working conditions that are unbearable to the point where the worker is forced to resign. This is known as constructive dismissal (or constructive discharge), but not every case of worker dissatisfaction qualifies as constructive discharge. There are legal requirements that must be satisfied, like proving that the adverse conditions were severe enough to where a reasonable person in the same position would be compelled to quit their job.
If you are experiencing constructive dismissal from your employer, our attorneys are here to help. Don’t hesitate to reach out and ask for a free consultation on your rights and legal options.
Proving a Claim for Constructive Discharge
To succeed in a constructive dismissal claim in California, there are two elements you will need to establish with clear and compelling evidence:
- Working Conditions that are Intolerable – you must demonstrate that your work environment was intolerable, meaning you were subjected to unlawful treatment by your employer, such as harassment, discrimination, and retaliation.
- Knowledge or Intent by the Employer – it must be proven that the employer was aware of the intolerable conditions but failed to do anything, or they are directly responsible for causing the situation.
Now, let’s take a deeper look into the concept of intolerable working conditions, which is the basis of a constructive dismissal case:
Discrimination and Harassment
The California Fair Employment and Housing Act (FEHA) protects workers by prohibiting harassment and discrimination by employers based on protected categories like disability, religion, race, gender, and sexual orientation. If an employer is being harassed or discriminate against and the problem is not addressed by the employer, a constructive discharge claim may be filed by the employee.
- Retaliation
Employment laws in California also prohibit workplaces from retaliation against workers when they report illegal activities, file a discrimination / harassment complaint, or assert their right to take available legal actions. If you are facing retaliation that’s make your work conditions intolerable, like a drastic increase in hours or reduced pay, such actions may constitute constructive discharge.
- Unsafe Work Conditions
Workplaces must meet safety standards that are set by the Occupational Safety and Health Administration. An employee may have no choice but to resign and file a claim for constructive dismissal when the employer knowingly subjects workers to unhealthy or dangerous conditions without any action to remedy the situation.
What are the Signs of Constructive Dismissal?
There are numerous circumstances that can form the basis for a constructive dismissal claim in California:
- Your job duties, workload and hours have changed for the worse
- Punitive actions like pay cuts or demotions after filing a complaint
- No action from the employer even though you’ve reported mistreatment numerous times
- Exclusion from work projects and events
- Demotion to a lower position without a legitimate reason
- Hazardous work conditions or toxic work environment without intervention from the employer
What can I Do after a Constructive Dismissal?
If you believe that your resignation meets the standard for a constructive dismissal under California law, please take the steps listed below:
Document Everything
This is the most crucial aspect of gathering evidence and presenting a clear and detailed outline of intolerable conditions at your workplace. Make sure to keep all forms of communications, take detailed notes, performance evaluations, witness statements, and other records.
Notify Your HR Department
Before you resign from your position, make sure to formally notify your HR department, manager, etc. to ensure that they have a chance to rectify the situation. Giving notice and adequate time to resolve the issues you are having will strengthen your case if you have to move forward with a legal case.
Talk to an Employment Rights Lawyer
With any type of employment dispute where your rights were violated, it’s crucial to speak with an experienced attorney as soon as possible. A lawyer can evaluate the treatment you experienced and verify whether it meets the standard for a constructive dismissal. If it does, they can help you move forward with a claim for wrongful termination.
File a Complaint with the Appropriate Government Agency
Does your case involve workplace discrimination, harassment, and/or retaliation? If so, you can file a complaint with either the California Civil Rights Department or the federal government’s Equal Employment Opportunity Commission (EEOC). Either of these entities will review the evidence you present and conduct an investigation based on your allegations. If there are sufficient grounds to do so, they will take legal action against your employer on your behalf.
Contact a Wrongful Termination Lawsuit Attorney
If you are the victim of constructive dismissal by your employer, you have the right to fight back and assert your rights with help from an experienced employment lawyer. Our legal team is here 24/7, and we are more than prepared to help you with a claim for wrongful termination against your employer.
All cases are accepted on contingency, so you don’t have to worry about paying for the cost of legal services. Legal fees are collected once your settlement is received from the other party, so you pay us absolutely nothing unless we win your case.
For a free, no-obligation case review with one of our legal experts, contact our office today.
