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Facts about about constructive discharge in California

On Behalf of | Aug 4, 2023 | Employment Law

Employees in the United States are protected from wrongful discharge under both state and federal law. “Wrongful discharge” is a term used to describe an employee’s termination that violates one of these laws. In some instances, an employee may be forced to resign due to unlawful conditions in the workplace.

What is constructive discharge?

Constructive discharge occurs when an employee is forced to resign because of their working conditions. This can happen when an employer creates a hostile work environment or makes working conditions so difficult that it becomes impossible for the employee to stay. Some employers may even threaten an employee with termination if they don’t resign.

How should you handle constructive discharge?

If you believe that you have been constructively discharged, you should file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating claims of wrongful discharge and discrimination in the workplace. You can also file a wrongful discharge lawsuit against your employer. However, before you do so, you should make sure that you have a strong case.

How do you prove a constructive discharge case?

To prove a constructive discharge case, you will need to show that your employer deliberately made working conditions so difficult or unbearable that you had no choice but to resign. This can be difficult to do, as you will need to provide evidence of the conditions in the workplace. You may need witness testimony or documentation to back up your wrongful discharge claims. Also, if you have emails or other documentation that show your employer was making working conditions difficult for you, that can be helpful in court.

Being constructively discharged from your job can be a difficult and stressful experience. But it’s important to know that you have rights and options. If you believe that you have been constructively discharged, take action immediately.