Regrettably, there are too many employees in California who find themselves in the challenging position of considering resigning from their workplace over unbearable and uncomfortable circumstances.
Constructive discharge in California can sometimes be referred to as a constructive dismissal or a constructive termination. This can occur when an employer in California knowingly, and unlawfully, creates intolerable or harsh working conditions for the worker. This unlawful practice can leave the employee with no other realistic choice but to leave the work, which may be grounds for a constructive discharge claim.
Under the theory of constructive discharge, a worker can still have a cause of action for the wrongful termination even if he or she was outright fired. It should be noted that construction discharge and termination not only apply to employees who are at-will but also to other workers who are employed under an employment contract. In such contracts, when the employer has acted without good cause in effort of forcing the worker to resign, the worker may be able to file a case for constructive discharge.
Understanding When a Termination Becomes Unlawful
When filing a wrongful termination claim, it may be possible to recover damages when the employer terminated the worker for unlawful or illegal reasons. Based on California’s Fair Employment and Housing Act, it is illegal to discharge a worker based on the worker’s:
- Sexual orientation or gender;
- Age;
- Pregnancy;
- Ethnicity, color, or nationality;
- Mental disability;
- Physical capability;
- Participation in official investigations against the employer;
- Religion; and/or
- Other criteria described by federal or state law.
Most wrongful termination cases will require that the worker actually be “fired”. This means that workers who quit will generally not have grounds for a wrongful termination claim. There is an important exception to this, however, if the employer has created a hostile or unbearable work environment in effort of forcing the worker to quit. The theory of constructive discharge, therefore, can be applicable and provide the worker with legal rights, even when he or she quit his or her employment.
When Quitting Can Be Considered Constructive Discharge
There are many ways in which an employer can create a hostile work environment which ultimately forces a worker to quit his or her job. For instance, the employer can unjustifiably cut the worker’s hours and even reduce his or her pay. Moreover, an employer can also try to force a worker to quit by intimidating, mistreating, harassing, retaliating, or discriminating against the worker.
Know Your Rights, Speak to a Well-Versed Attorney
Even as the state follows the at-will employment doctrine, there are exceptions to this, particularly when the discharge or employer’s actions were motivated by some form of discrimination. At-will employees still have the ability to file a claim when they have been fired based on a lawfully protected characteristic.
When a worker has attempted to force you to quit your place of work by creating an intolerable workplace, you may have legal standing to file a claim. Speak to a well-versed attorney who is experienced in employment law.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are experienced in California employment law and have the proficiency to help affected workers protect their rights. Contact the attorneys at SANFORD A. KASSEL, A Professional Law Corporation today for a free initial consultation.
