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Constructive Discharge vs. Wrongful Termination in California

In California, both constructive discharge and wrongful termination involve the unlawful end of employment, but they differ significantly in how they occur and the legal standards required to prove them. 

What Is Constructive Discharge?

Constructive discharge occurs when an employee resigns due to intolerable working conditions that no reasonable person would be expected to endure. In these cases, the resignation is considered involuntary because the employer’s actions effectively forced the employee to quit.

Examples of Constructive Discharge

  • Harassment or Discrimination: Severe or pervasive harassment based on race, gender, age, disability, or other protected characteristics under the Fair Employment and Housing Act (FEHA).
  • Retaliation: Hostile treatment or adverse actions taken because the employee engaged in a protected activity, such as whistleblowing or reporting discrimination.
  • Unsafe Working Conditions: Working conditions that violate California Occupational Safety and Health Act (Cal/OSHA) standards, putting the employee’s health and safety at risk.
  • Unreasonable Demands or Demotions: Significant changes to job duties, demotions, or pay cuts without valid reasons, especially if used to force an employee out.

Proving Constructive Discharge

To prove constructive discharge in California, the employee must demonstrate that:

  1. Working conditions were so intolerable that a reasonable person in the same situation would feel compelled to resign.
  2. The employer intentionally created or knowingly allowed these conditions to persist.
  3. The employee resigned because of the intolerable conditions, not for unrelated reasons.

The employee must show that no reasonable alternative existed other than quitting, such as transferring to another department or reporting the issue to higher management.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for illegal reasons, violating state or federal laws or public policy. In California, employees are generally considered at-will, meaning they can be terminated for any reason or no reason at all. However, termination becomes wrongful if it violates the following protected characteristics under FEHA:

  • Race, color, or national origin
  • Gender, gender identity, or sexual orientation
  • Age (40 and over)
  • Disability (mental or physical)
  • Religion or creed
  • Marital status or pregnancy

Retaliation or Whistleblower Protections

California Labor Code § 1102.5 protects employees from retaliation for:

  • Reporting violations of state or federal laws.
  • Refusing to participate in illegal activities.
  • Filing complaints about unsafe working conditions or wage violations.

Violation of Public Policy

Wrongful termination can also occur if an employer fires an employee for:

  • Exercising a legal right, such as taking family leave under the California Family Rights Act (CFRA).
  • Refusing to engage in illegal activities.
  • Reporting workplace safety violations under Cal/OSHA.

Proving Wrongful Termination

To prove wrongful termination, the employee must show that:

  • They were terminated or forced to resign.
  • The termination was due to a protected characteristic, retaliation, or violation of public policy.
  • The employer’s stated reason for the termination was pretextual (a cover for illegal motives).

Evidence can include emails, performance reviews, witness statements, or other documentation showing a pattern of discrimination or retaliation. Call our discrimination attorneys in Los Angeles for legal help on your unique case.

How a Lawyer Can Help

Hiring an experienced employment lawyer is crucial for several reasons:

  • Understanding Your Legal Rights: An attorney helps you understand your rights under California law, ensuring that you know whether your resignation or termination was unlawful.
  • Building a Strong Case: An experienced employment attorney can gather evidence, interview witnesses, and organize your documentation to build a compelling case.
  • Filing Complaints and Lawsuits: Legal procedures can be complex and time-sensitive. A lawyer ensures that complaints are filed correctly and on time.
  • Maximizing Compensation: An attorney negotiates on your behalf to secure the maximum compensation.
  • Protecting You from Retaliation: A retaliation lawyer safeguards you from further retaliation, ensuring your employer does not retaliate against you for pursuing a claim.

If you believe you experienced constructive discharge or wrongful termination, consulting with an attorney is the most effective way to seek justice and protect your career. Call (310) 499-0140 or contact Yadegar, Minoofar & Soleymani LLP (YMS) online today to arrange a free consultation.