What is a constructive discharge and when is it unlawful?

A constructive discharge is when an employer forces an employee to resign due to circumstances that make his or her work environment intolerable. It is a form of workplace discrimination and is unlawful in the state of California. Generally, the intolerable conditions are either harassment from the employer or other workers, or the employer has asked the employee to violate a law. It can also happen if the employer makes such significant changes to the job responsibilities or job conditions that creating an intolerable environment. It is important to note that a constructive discharge must be proven by the employee in order to be unlawful under California law. It is not enough to prove that the working conditions were simply unpleasant or not ideal. Instead, the employee must demonstrate that the required conditions for a constructive discharge were met, such as an abusive work environment or a request to break the law. Constructive discharge is considered a form of wrongful termination and an employer can face serious penalties for such discrimination. An employee who was subject to a constructive discharge may be able to recover lost wages, compensate for mental distress, and more. If you believe you were the victim of a constructive discharge, consult with a California employment law attorney who can advise you of your rights and the next steps to take.

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What is a constructive discharge and when is it unlawful?

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