What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two similar, yet distinct, concepts of employment law in California. In simplest terms, wrongful termination is when an employer terminates an employee’s employment for reasons that are unlawful. Constructive discharge is when an employee resigns from their job due to working conditions that are so intolerable, the employee is essentially forced to leave their job. Wrongful termination is a form of discrimination and generally involves an employee being fired due to their age, race, gender, religion, nationality, or other legally protected characteristics. It also includes an employee being fired for filing a complaint for workplace safety or discrimination, or for taking advantage of benefits like sick leave or family leave. Constructive discharge happens when an employee resigns due to their employer making working conditions so intolerable that the employee is essentially forced to quit. This could include instances of workplace harassment, a change in job duties, or a reduction in pay or benefits. It is important to note that while wrongful termination and constructive discharge are similar, they are two distinct forms of employment law in California. If an employee feels that they have been wrongfully terminated, they have the right to file a claim with the California Department of Fair Employment and Housing. If an employee believes they have been constructively discharged, they can file a civil lawsuit against their employer.

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What is the difference between wrongful termination and constructive discharge?

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