California labor law covers many topics about termination and resignation. Constructive discharge may be difficult to understand and navigate. Here’s how to prove constructive discharge in California.
Constructive discharge occurs when an employer’s misconduct ultimately forces an employee to resign. In order to prove constructive discharge, the employee must show the that
- there were intolerable working conditions when the employee resigned
- the conditions were so difficult that the employee felt reasonably compelled to leave
- the employer intentionally permitted or created the intolerable working conditions
- the employer would recognize that the employee would resign because of the working conditions, AND
- the employer had motivation to terminate the employee for unlawful reasons.
What is Constructive Discharge in California?
Constructive discharge occurs when an employer’s misconduct ultimately forces an employee to resign. California law defines constructive discharge as when an employer intentionally creates or knowingly permits such intolerable working conditions that the employee feels compelled to resign. An employee may be treated so poorly that they are coerced into leaving their job.
An employer would be motivated to create an intolerable working environment for an employee in a situation where outright termination would set off a wrongful termination case, such as discrimination or retaliation. In a constructive discharge situation, the employee leaves instead of the employer unlawfully firing them.
Related: Constructive Discharge in California: What You Need to Know
Proving Constructive Discharge
In order to build a strong constructive discharge claim against an employer, employees must demonstrate that:
- Intolerable work conditions were in place at the time of the employee’s resignation
- The work conditions were unusually difficult that a reasonable employee would feel compelled to leave
- The employer intentionally created or knowingly permitted the intolerant work conditions
- A reasonable employer would recognize that a reasonable employee would have no choice but to resign
- The employer had motivation to terminate the employee for unlawful reasons such as discrimination, retaliation, or breach of contract.
The intolerable working conditions must have been extreme enough to overwhelm a reasonable employee’s need to work. These conditions must be continuous and present at the time of the employee’s resignation. Individual or isolated incidents of misconduct are insufficient to prove constructive discharge.
The employer must have known about the negative impact of the intolerable working conditions AND continued to contribute to or permit the mistreatment.
Furthermore, the employee must prove that the employer had reason to terminate the employee for unlawful reasons. Instead of unlawfully firing the employee, the employer created poor working conditions to force the employee to resign. Unlawful reasons for termination may include:
- Violating an implied contract
- Violating public policy
- Termination for whistleblower activities
- Violating the Fair Employment and Housing Act, including discrimination and exercising employee rights
Intolerable Working Conditions
The central component of a constructive discharge case is effectively demonstrating intolerable working conditions. The standard for showing intolerable working conditions is high. Intolerable working conditions typically including yelling, screaming, intimidating, humiliating, or berating an employee.
California courts have found the following actions as NOT being considered intolerable working conditions:
- Reduced pay
- Demotion
- Single, isolated incidents of mistreatment
- Unfair performance evaluations
- Branch transfer
FAQs
What is constructive discharge?
Constructive discharge occurs when an employer intentionally created or knowingly permitted such intolerable working conditions that an employee feels compelled to leave. Additionally, the employer is motivated to create an intolerable working environment because firing the employee outright would be considered wrongful termination. Instead of unlawfully terminating an employee, the employer forces the employee to leave.
What do I need to prove constructive discharge?
In order to prove constructive discharge, the employee must demonstrate the following: that there were intolerable working conditions when the employee resigned, that the conditions were so difficult that the employee felt reasonably compelled to leave, that the employer intentionally permitted or created the intolerable working conditions, that the employer would recognize that the employee would resign because of the working conditions, and that the employer had motivation to terminate the employee for unlawful reasons. Unlawful reasons include discrimination, violation of public policy, violation of implied contract, and retaliation for whistleblower activities.
What is considered an intolerable working environment?
An intolerable working environment typically includes yelling, screaming, intimidating, humiliating, or berating an employee. Courts have recognized the following actions as NOT being considered working conditions: reduced pay, demotion, isolated incidents of mistreatment, branch transfer, and unfair performance evaluations.
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If you or a loved one needs to prove constructive discharge in California, get your free consultation with one of our California Employment Attorneys today! We won’t charge you a dime unless you win your case.