A constructive discharge occurs when an employee decides to quit a job because of hostile working conditions. Under California law, an individual must be able to show that a reasonable person would have made the same decision when pursuing a wrongful constructive discharge case. A plaintiff must also be able to show that an employer knew about the conditions that led that individual to quit. There are several factors that a court will consider when determining if a constructive discharge occurred.
First, it will look to see if an individual was compelled to take part in any activities that led to intolerable working conditions. A court will also look to see how long a person waited to resign after being asked to participate in an illegal act. If an employer failed to investigate a complaint related to a company’s illegal activity, that may bolster a person’s claim of a wrongful constructive discharge.
It is worth noting that employers are not required to treat their employees well or minimize the stress that they experience while on the job. Instead, they are simply required to refrain from harassing workers or discriminating against them. Cases may also be dismissed if no breach of contract occurred when an employee decided to give up his or her position within an organization.
Those who believe that they were victims of wrongful termination may wish to pursue a lawsuit against their employers. An attorney may be able to review a worker’s claim to determine if a constructive discharge or other type of improper termination occurred. If a claim is successful, an employee may be entitled to recover lost wages or obtain other forms of financial compensation. A case may be resolved by engaging in informal talks, working with a mediator or at trial.