Some people quit their jobs due to conflicts with their co-workers, dissatisfaction with their daily responsibilities or frustration over the lack of upward mobility. Other times, workers may quit their jobs because the environment at the company has become hostile or outright abusive.
In situations where professionals feel as though they have no option other than to quit because of the conduct of an employer, they may have experienced constructive discharge. The pressure to end the employment relationship began with the employer’s actions rather than a conscious decision on the part of the employee.
Can people who experience constructive discharge pursue a wrongful termination lawsuit?
Employment law matters are complex
Constructive discharge is not automatically a violation of a worker’s rights or their contract with the company. Simply feeling compelled to quit due to company culture or dissatisfaction with job responsibilities is not necessarily indicative of a wrongful termination.
However, if the employer’s conduct toward a worker stems from discrimination based on protected characteristics or begins in response to them engaging and protected workplace activities, such as requesting unpaid medical leave when they qualify or attempting to unionize, then the employer’s actions could theoretically provide the basis for a wrongful termination lawsuit.
Workers must show that the conduct of their employer violates the law or their protected rights. Simply establishing that the employer attempted to maneuver someone out of the company on its own is not necessarily grounds for a wrongful termination lawsuit.
Learning more about California’s unique employment statutes and court rulings related to constructive discharge can help professionals evaluate their circumstances. Workers forced to quit due to harassment, discrimination or a hostile work environment may potentially have grounds for a wrongful termination lawsuit.