California follows the at-will employment doctrine, allowing employers to terminate employees at any time, with or without cause, unless an exception applies. Even under this kind of contract, your employer should not discharge you because of discrimination, harassment, or retaliation. A dismissal on these grounds is workplace discrimination and can attract a wrongful termination claim. Many employers understand this. So, instead of firing you to attract a lawsuit, they intentionally make your work environment unbearable, forcing you to quit in what is called constructive discharge.

When your employer has breached your employment agreement or laws by targeting you so that you can quit, you should consult an experienced constructive discharge attorney to understand your rights and seek reimbursement. At Empower Sexual Harassment Attorneys, we will explain constructive dismissal and wrongful termination and clarify whether you can file a wrongful termination claim after resigning due to intolerable work conditions created by the employer in San Diego, CA.

Constructive Dismissal Legal Definition

Also called constructive termination or discharge, constructive dismissal is a doctrine or legal concept accepted in California whereby a worker has no option but to resign after an employer intentionally allows or creates a hostile or unbearable work environment. Even if the worker resigns voluntarily, the employer leaves them with no other option, as the work conditions are harsh.

The concept overlooks that you voluntarily resigned because you terminated your relationship with the employer due to the intolerable environment they knowingly created, targeting you so that you were left with no option but to resign. Your employer’s deliberate creation of an intolerable work environment targeting you amounts to constructive discharge. Consult an experienced workplace harassment attorney to evaluate your case and determine if the behavior by your boss is unlawful and a violation of your employment agreement. If it is and there is evidence to build a solid claim, your attorney can file a lawsuit seeking compensation for wrongful constructive termination.

Examples of conduct that can lead to constructive discharge are:

  • Frequent bullying, yelling at workers
  • Employers engaging in verbal harassment towards employees
  • An employer exposes a worker to workplace injuries by unfairly assigning the injury-prone projects
  • Employers conduct unreasonable performance evaluations or consistently give negative performance reviews without justification.
  • Demoting employees without valid reasons
  • Reducing a worker’s duties, position, work hours, or roles without justification.
  • An employer discriminates against a worker because of protected characteristics like disability, age, race, or sex.
  • An employer continually makes disparaging remarks against an employee
  • An employer transferring to a distant location that makes it challenging for you to commute

Wrongful Constructive Termination Claim Facts

You cannot quit for other reasons and claim constructive discharge. Therefore, when seeking compensation, you must demonstrate that:

  • Your boss knowingly created an unbearable work setting or was aware of the intolerable conditions and did not take action
  • A reasonable person or worker in your situation would have been forced to resign because of the insufferable work conditions.
  • Your boss had no legal grounds to dismiss you outright

When you raise the legal concept of constructive termination, you must be ready to prove that the circumstances that compelled you to quit voluntarily were extraordinary and horrific enough to conquer the typical encouragement a sober worker needs to remain in the position.

A Continuous Pattern of Hostile Work Conditions

Claiming the work setting was unfriendly or hostile is insufficient to prove your resignation was due to constructive termination. Also, claiming you do not enjoy your new work area or roles does not establish an extraordinarily intolerable work environment. You should show that your employer engaged in a continuous pattern of horrific or extraordinary behavior. An isolated incident, like one negative review, reduced pay or job hours, or disparaging comment, should not be a reason to quit because it does not create extraordinarily unbearable work settings. If your employer consistently discriminates against you or harasses you, then it is a reason to quit.

Nevertheless, an isolated incident can be a reason to quit if it is severe and creates egregious work conditions. For instance, you can resign, and your actions will be considered wrongful termination if your employer asks you to break the law on their behalf or against you, even in a single incident.

The factors the court considers to determine that your boss created an intolerable work environment are:

  • Whether you, as a worker, were asked to engage in criminal activity for the company
  • Whether your boss duly accepted and investigated a complaint you reported
  • The gravity of your employer’s crime against you
  • The statute of limitations, or the time that has elapsed after the alleged unlawful behavior and resignation

The Sober Employee Standard

It is not sufficient to assume that your work environment is intolerable. The judge will consider whether a sober or reasonable employee in your position will find the environment egregious and unbearable.

If, according to the court, a sober individual would not find your work environment unbearable, the court will not see your resignation as constructive termination, making you ineligible for wrongful termination benefits.

The Employer Was Aware of the Intolerable Conditions

Another element you must show is that your employer deliberately created or maintained the extraordinarily unbearable conditions, or they knew of the work environment but did not take action, hence the resignation.

Workers should notify employers or supervisors of a hostile work environment so that they can take the appropriate action, although reporting can be challenging if the employer is involved. When you inform them but they do not act, the court concludes they knowingly created the harsh workplace, and your resignation was constructive termination.

They are not liable if you do not inform the boss, and they do not know about the harsh work settings. In a large corporation, the employer can be unaware of the unbearable work environment created by your seniors. Therefore, you must show that you notified them of the liability to exist. An employer in a large firm can be a supervisor, manager, or director.

The Limits or Restrictions of Your Constitutional Rights

Employers hire and dismiss employees at will, allowing your boss to terminate you with or without reason. Employers are not mandated to treat workers fairly or establish a friendly work setting. The only requirement by the law is that employers must not discriminate against workers. Therefore, the court will accept your claim if your employer acted unlawfully or violated your employment agreement.

In constructive termination cases, the burden of proof is on the claimant or worker. Therefore, you should hire an attorney early in the case to help you document evidence or actions that led you to quit.

Actions to Take After Alleged Constructive Discharge

If you believe you have resigned and believe the actions by the employer amount to constructive dismissal, you can take several steps to increase the chances of a fair outcome. These are:

  1. Mitigate Damages

Loss of employment, particularly when not planned for, can lead to severe financial constraints. Therefore, when your employer intentionally forces you to quit by creating an unbearable environment at the job, you should find another job immediately to mitigate the effects of job loss. Even if you do not find a job, showing the court during your claim that you are actively searching strengthens your case.

  1. Timely Resignation

Quitting immediately after your employer committed a crime or breached your employment contract helps establish the relationship between your resignation and the unbearable work environment.

Besides, you should know that you cannot file a claim if you did not quit the job immediately or at some point. Unfortunately, many workers remain in an unbearable work environment for too long without attempting to resolve the situation, weakening their claim. After intolerable treatment from an employer, it is recommended that you try to resolve the matter internally before quitting and filing a claim. When you do this, you still preserve your right to wrongful termination damages and have a strong case, even if you remain in the same work environment for an extended duration.

However, when you stay for long without any attempts to resolve the matter, you weaken your case because it shows that if you could continue working in the same environment, the conditions were not as bad as you allege in your claim. Delaying resignation does not disqualify you from filing a claim, but it makes your case difficult to prove.

  1. Record or Register Attempts to Change the Situation at the Job

Even if you are encouraged to resign immediately, it strengthens your case if you can stay in the job longer and make efforts to resolve the case instead of quitting and filing a claim or lawsuit right away. You must present evidence of your efforts to change your situation with the employer. You can claim you raised the problem with the employer, tried negotiations, or attempted internal conflict resolution channels.

  1. Document Evidence

You need evidence to prove your employer intentionally changed your work environment or roles without your approval or consultation. The evidence you require includes emails or official notice informing you of the changes, witness statements, and your statement. You can also write down your emotional or professional distress at the time. You will have no difficulties proving the insufferable work environment when you document evidence, including your emotions.

  1. Evaluate Your Employment Contract

You should review your work contract with the help of your attorney to identify clauses highlighting job conditions, roles, and benefits. After, you can compare these clauses with the changes made by the employer to identify incidents where they acted unlawfully.

  1. Document the Work Changes Made By the Employer

You must record all signs of constructive dismissal that happened before your resignation. These signs include demotion, unfair scheduling, unachievable workloads, discrimination, reduced work hours, pay cuts, unfair transfer, or denial of basic amenities.

Lodging a Wrongful Termination Lawsuit After Resigning

You can lodge a wrongful termination claim after voluntarily quitting your job if you can prove constructive discharge on the part of your employer. However, proving your case can be challenging because you must confirm that the employer targeting you intentionally created the unbearable changes on the job.

Filing a lawsuit is complex, so you require the assistance of a competent attorney. Your attorney will explain the legalities of your claim and help you with the filing.

When you gather the requisite evidence, your legal counsel formally presents a complaint to the Civil Rights Department (CRD). The department reviews the claim, and if justified, they give you the go-ahead to lodge a lawsuit against your employer.  Proving your case will not be easy, but with the help of a competent attorney, your chances of a fair ruling are high.

Many employers do not want the case to end up in a trial. Therefore, if you have compelling evidence, they will be willing to agree to a favorable settlement. Your attorney will negotiate with the employer’s legal team and ensure you only accept a settlement that covers all your damages. If the settlement is unfavorable, the matter can go to trial.

Your attorney will represent you in court and will present the following facts:

  • Your boss intentionally wanted to dismiss you for illegal, discriminatory, or retaliatory reasons.
  • The boss knowingly created or allowed an insufferable job environment that would have compelled a reasonable employee in your position to quit
  • The unbearable job terms were sufficient to make you resign
  • Your boss had no grounds for termination

If you successfully prove your case in court, the court will award damages for the wrongful termination.

Damages in Constructive Termination Claims

Based on your constructive dismissal circumstances, you can recover several compensatory damages including:

Lost Wages, Including Front and Back Pay Plus Interest

Losing your job because of unbearable work conditions intentionally created by the employer that have forced you to resign can be daunting. Thankfully, when you win your constructive termination claim, the court will award you back pay and front pay, interest included, for the duration you have not been working. Nevertheless, you should prove to the court that you have been making efforts to find a new job because if you have not made any efforts, the court will reduce your damages significantly.

Also, if you are entitled to a commission pay and can prove you could have earned a given commission over the period you have been out of work, the court will offer reimbursement. Besides, the judge can award missed bonuses if you prove the loss.

Missed Non-Wage Benefits Like Health Care Insurance or Commission

Resigning from your job means you will not enjoy non-wage-related benefits. Many employers offer workers healthcare insurance. Therefore, if you fall sick after the resignation and pay for treatment out of pocket, the court can award you damages for medical expenses. Other non-wage benefits you can miss due to constructive dismissal, which the court can award, are retirement savings, pension, and stock options.

Emotional Distress

The judge will award you damages for the pain and emotional suffering from the constructive discharge. You must provide evidence of the suffering using the testimony of your psychologist. Also, it is recommended that you write down your feelings during the unbearable times at work and after termination to paint a clear picture of the emotional distress.

Costs Incurred In Searching For New Employment

Finding a new job after constructive dismissal is expensive, particularly due to the travelling involved. Document the costs incurred in the job search, and the court will award them if you provide solid evidence.

Other recoverable damages are:

  • Attorney fees and costs
  • Punitive damages if the constructive dismissal by the employer was reckless and malicious. These damages are awarded to deter other employers from engaging in the same behavior.

The type of damages and the amount the court will award for each vary depending on several factors, like:

  • Your employer’s conduct
  • Your salary, bonuses, and benefits
  • Whether you took measures to mitigate the job loss damages by attempting to find new employment
  • Whether the constructive dismissal dented your professional reputation

At-Will Employees and Constructive Termination

California statutes require employment termination to be fair, honest, and reasonable. If you claim your dismissal was wrongful, you can take the employer to court for wrongful termination. After you make your case, it is up to the employer to prove their actions were in good faith. However, a rule known as at-will employment allows employers to fire non-union workers with or without cause. Typically, an employer requires you to sign an at-will employment agreement or acknowledgement before starting work. Others mention at-will employment in the job advert to ensure that only applicants are comfortable with the terms. Some train managers and supervisors should not assure workers of job security, as it could be misconstrued as an implied employment agreement.

One of the exceptions to the rule is if you are employed on an implied contract, meaning you are in an unwritten agreement with your boss. Besides, if you are a government employee, your job is secured by the civil service statutes and the contract between your employment agency and the employing government agency. Again, the at-will rule will not apply to you if your employer has taken steps that imply they cannot fire you with or without any cause, like a verbal promise of job security.  However, the promise of job security does not mean the employer cannot terminate you on genuine or fairgrounds, like poor performance.

If you are not a union worker in California, chances are high that you fall under the at-will employee category, and your employer has the right to fire you for any or no reason. They can even knowingly create or permit an unbearable work environment to force you to resign. Nevertheless, you can still file a constructive discharge suit for constructive termination if:

  • You are protected under the Fair Employment and Housing Act (FEHA) from workplace harassment or discrimination.
  • The dismissal was in retaliation for whistleblowing
  • The termination was in contravention of public policy
  • The firing was in breach of an implied employment contract
  • You were fired for requesting or taking sick leave
  • You were insufficiently notified of the termination

Many constructive terminations are based on these grounds, meaning you can file a wrongful termination claim to seek compensation.

The Timeline For Lodging a Claim

If you want to lodge a wrongful termination claim after constructive discharge, you must act within the provided statute of limitations. The timeline for filing varies depending on the case’s circumstances. You have twenty-four months to lodge a lawsuit when the termination violates an implied contract or public policy. When the grounds for the constructive dismissal are due to whistleblowing or discrimination and harassment at work, you have thirty-six months to lodge a claim.

Your clock starts to run from the date you resigned from work because of the unbearable work conditions, and not the date the employer knowingly created or enabled an insufferable workplace targeting you.

Benefits of the Constructive Termination Doctrine

The constructive discharge doctrine protects workers from the unjust consequences of forced resignation and unbearable work settings. The concept acknowledges that just because you voluntarily resigned, you should not lose your right to compensation if your employer intentionally enabled the intolerable work conditions to force the resignation. The benefits of the doctrine include:

  • It creates an equitable and secure workplace that encourages respect for the dignity of workers and deters unlawful behavior by employers.
  • It offers legal protection employees need to seek reimbursement and justice with the help of experienced constructive termination attorneys.
  • The doctrine encourages employees to speak up on workplace harassment, retaliation, or discrimination.
  • Promotes equity and fairness among employees
  • It deters employers from engaging in wrongful conduct like harassment and discrimination
  • It safeguards workers’ rights against discrimination and illegal workplace practices

Wrong Termination vs. Constructive Termination

In both constructive dismissal and wrongful termination, employer and employee relationships end. However, under wrongful termination, the employment relationship ends because the employer unfairly terminates a worker, while in constructive dismissal, the employer does not fire the worker directly. Instead, they knowingly create or allow unbearable work circumstances targeting a particular worker to force them to resign.

Find a Competent Constructive Dismissal Attorney Near Me

Wrongful constructive discharge is complex and complicated, and requires you to build a solid case to win compensation. Therefore, if you want to sue your employer for constructive dismissal or want to understand the doctrine better, you should seek the assistance of a competent constructive discharge legal representative. At Empower Sexual Harassment Attorneys, we will clarify your rights, gather evidence, offer legal advice, and build a solid claim within the provided timeline. Call us at 619-604-3027 to discuss your situation in San Diego, CA.