The facts in some employment law situations are straightforward. For instance, Mary is fired right away after reporting sexual harassment. However, occasionally an employee isn’t immediately let go by their employer.
Instead, they take measures to give their employee the impression that they have no other option but to resign. Mary may have a claim for wrongful termination even if she wasn’t really fired if her boss changed her shifts and reduced her hours to the extent where Mary felt like quitting. This is known as constructive discharge. Read on to learn more and then contact PLBH at (800) 435-7542 for a free legal consultation.
What is constructive discharge?
A reasonable employer would understand that a reasonable person in their employee’s position would have no choice but to resign. Put another way, constructive discharge occurs when an employer intentionally creates or knowingly permits work conditions that are so intolerable or aggravating that you had no choice to quit.
Not all cases of constructive discharge necessitate a lawsuit
However, a lawsuit is not always appropriate in cases of constructive discharge. Because he doesn’t truly like you and wants you to leave, your employer could occasionally make your working conditions miserable. In California, the majority of non-union employees are at-will, which allows for their arbitrary termination unless the reason is unlawful, such as a person’s race or national origin. You generally don’t have a claim for constructive discharge if your employer isn’t trying to get rid of you for an illegal cause.
Cases of unlawful constructive discharge
There are instances in which constructive discharge is unlawful, and you may be entitled to sue your employer for these instances. If you were constructively discharged rather than fired by your company, but you would have been entitled to suit for wrongful termination if they had fired you.
Imagine John has been employed by a corporation for more than 25 years. Because they can pay them significantly less than someone with John’s level of experience, his managers choose to hire younger staff members. They are aware that John will file a lawsuit for age discrimination if they fire him.
Instead, they plan to make his working conditions miserable by, among other things, isolating him from his coworkers and taking away the tools he needs to accomplish his job. As a result, John resigns. John can make a claim for unlawful constructive dismissal against his company since if they had fired him, they would have been held responsible for an age discrimination/wrongful termination action.
An employment law attorney can help you
Cases involving constructive discharge can be challenging since it is seldom clear what constitutes truly unbearable working circumstances (as opposed to merely unpleasant). Additionally, your California employment attorney must be able to show that your employer either knowingly let someone else to establish intolerable working conditions or purposefully produced those conditions themselves. You might be able to pursue a claim against your company, nevertheless, if you have a strong advocate on your side.
PLBH is committed to assisting workers in their quest for justice. We have represented workers who have experienced discrimination, retaliation, wrongful termination, and more for more than 50 years. To arrange a meeting with a California employment lawyer, contact our office right away at (800) 435-7542 or info@plblaw.com.