Understanding Constructive Dismissal Claims

If your employer has created intolerable working conditions, you may feel like you are caught between a rock and a hard place. You want to leave your job and find a better place of employment, but you worry that quitting will cost you your legal rights. 

If your employment conditions qualify you for a constructive dismissal claim, you may be able to maintain your legal rights and remedies if you quit. Working with an employment attorney in CA can help you understand your rights and options. 

What Is Constructive Dismissal/Discharge? 

Constructive dismissal or discharge occurs when work conditions are so intolerable that you feel you have no choice but to quit. This may happen after an employer makes significant or severe changes to the terms of your employment or your work environment. While you may “voluntarily” quit, constructive dismissal could allow you to maintain the same rights as if you were wrongfully terminated. 

If you feel like you are forced to resign from your job due to intolerable conditions or a hostile environment, you may have grounds for a constructive dismissal claim. 

Examples of Work Conditions That May Lead to Constructive Dismissal 

Any work conditions or terms that a reasonable person would consider intolerable could lead to a constructive dismissal claim. Examples may include:

• Significant changes or reductions to your shifts or hours 
• Demotions or pay reductions without cause
• Consistent and extreme verbal abuse
• Persistent and severe harassment
• Unsafe working conditions
• New job requirements that are unreasonable or impossible to meet
• Failure to provide reasonable disability accommodations
• Discrimination based on a protected characteristic (race, gender, age, religion, etc.) 
• Retaliation for reporting unlawful behavior

While these may be examples of intolerable working conditions that could lead to forced resignation, whether or not you have a case depends on the particular circumstances of your job. Consulting an employment attorney can help you assess the legality of your work conditions and whether you may be able to claim constructive dismissal. 

Elements of a Constructive Discharge Claim 

If you are considering quitting due to intolerable conditions or have already done so, evaluating whether your case generally meets the criteria for constructive discharge or might equate to wrongful termination can help you understand your next steps. These three elements typically make up a successful constructive dismissal claim:

• Your employer was attempting to pressure or force you to quit by knowingly creating a work environment that was intolerable.
• The intolerable work environment gave you no choice but to resign. 
• Your employer wanted you to resign for retaliatory, discriminatory, or illegal reasons. 

Note that constructive dismissal necessitates employer knowledge. If your coworkers were the ones creating a hostile work environment and your employer reasonably did not know about this, you may not have grounds for a claim. Reporting coworker behavior to a manager or your HR department may allow you to resolve this issue internally. 

Additionally, it is not enough to prove that your work environment was simply unpleasant. You would need to show that any reasonable person in your position would also feel obligated to quit or feel that they had no other options. 

There are a few actions that California courts have deemed not supportive of a claim unless they are accompanied by other evidence, such as:

• A single episode of mistreatment
• Promotion of other employees
• A cut in pay, hours, or benefits
• Demotion

The legal grounds for a constructive dismissal claim are nuanced. It may be worth talking to an attorney before you take any action to understand whether your work conditions may meet these terms. 

Understanding Legal Protections for Constructive Dismissal 

If you were forced to resign due to intolerable working conditions, you may have grounds to pursue a constructive dismissal claim. This would give you similar rights as if you were pursuing a wrongful termination claim, which arises when an employer terminates your employment for illegal reasons, like discrimination or employer retaliation. 

You may be able to seek several remedies as part of a constructive dismissal claim: 

• Reinstatement at the job with the intolerable conditions resolved
• Back pay for the wages you lost during your period of unemployment
• Reimbursement of attorney fees and other legal costs you incur during the claim 
• Emotional distress damages 
• Other losses that would have arisen if you had been fired outright

What To Do if You Experience Constructive Dismissal 

If you are experiencing intolerable or hostile work conditions, following these steps can help you protect your rights and lay a basis for a potential legal claim. 

1. Report the treatment to your HR department. This gives you written documentation that can supplement your legal complaint, and it could allow you to resolve the issue without further action. 
2. Collect evidence to support a claim. Proving constructive dismissal requires you to provide evidence of your employer’s mistreatment or knowledge of intolerable conditions. Evidence may include emails, text messages, and other communications, written complaints, performance reviews, witness statements, copies of your employment contract, and more. 
3. Consult an employment attorney. Legal counsel can evaluate your work conditions and help you understand whether they would meet the “reasonable person” standard for intolerable conditions. They can also walk you through your legal options. 
4. File a claim. If you and your attorney agree that you may have grounds for a constructive dismissal claim, you can consider filing a claim with the California Civil Rights Department or the Equal Employment Opportunity Commission. These agencies can investigate your case, and if they find evidence of constructive dismissal, they may issue you a “right to sue” notice that permits you to take legal action against your employer. 

Request a Consultation With D.Law 

Are you considering quitting your job and pursuing a constructive dismissal claim in California? Did you previously resign and are now wondering whether the case may have qualified as constructive dismissal? An experienced attorney can help you understand your legal rights and options. 

D.Law represents workers across California through cases involving constructive dismissal, wrongful termination, harassment and discrimination, and other violations of employment rights. Request a consultation today via our online form or call us to get started.