Forced to Quit
Constructive Discharge Lawyers in Los Angeles
At Gallenberg PC, our Los Angeles, Burbank, and Beverly Hills wrongful termination attorney understands that there are times when an employer’s conduct is so monstrous, it forces an employee to leave their job.
What California employees need to know is, if they are treated so poorly that they are forced to leave their position and seek other employment, there is a name for your circumstances. It is called constructive discharge, constructive termination, or constructive dismissal, and it is illegal. A constructive discharge is in essence a type of wrongful termination case because the employee’s termination was forced by the employer. A constructive discharge has different requirements than a wrongful termination claim. Therefore, it is important to contact a Los Angeles constructive discharge lawyer.
According to the California Supreme Court, constructive discharge occurs when the employer’s conduct effectively forces an employee to resign.
Simply put, an employee must be treated so poorly that a court will view the termination as having been coerced — instead of leaving under their own free will.
If you believe you were forced to quit your job or were constructively terminated, our Los Angeles County employment law attorney may be able to help you. We do not charge prospective clients for a confidential telephone intake or online case review.How Does the State of California Define Constructive Discharge?
Constructive discharge is a legal doctrine in California that holds employers accountable for making a workplace so intolerable that an employee is forced to quit.
Common instances of intolerable workplace conditions that force an employee out of their role with a company may include, but are not limited to:
- Repeated violations of your legal rights.
- Harassment claims that go unresolved.
- Retaliation for complaining about working conditions.
- Continuing instances of disparaging or intimidating a worker.
- Repeated episodes of abusive behavior towards an employee.
- Badgering or harassing a worker.
- Changing shifts and hours as retaliation.
- Unfair and unreasonable performance evaluations to force you to quit.
- Reduction in the employee’s responsibilities.
- Transfer to a distant department or location.
- Reduction of pay or benefits to punish an employee.
- Placing an employee at risk of injury by assigning dangerous projects or assignments.
The legal determination for constructive discharge is highly case-specific and based on identifiable circumstances and workplace scenarios. If you believe your employer’s extreme and intolerable treatment is driving you to quit your job, talk to our skilled wrongful termination attorney in Los Angeles, Burbank, or Beverly Hills today.What is Not Considered Grounds for Filing a Constructive Discharge Claim in California?
The state of California sets a relatively high bar for proving that a resignation qualifies as a constructive discharge, which means we must prove otherwise based on the legal threshold, as outlined by the courts.
Just as it is important to recognize the signs that you may have been forced out of your job after resigning, it is equally important to understand what does not qualify as coerced quitting.
Unless supported by other evidence of wrongful termination, the following acts generally do not qualify as reasons to file a constructive discharge claim against your California employer:
- A single episode of mistreatment that is not discriminatory.
- A cut in pay, hours, or benefits due to the financial circumstances of your employer.
- A demotion because of repeated performance issues.
- The promotion of other employees based on performance metrics alone.
If you recently resigned from a job in California where the conditions were so intolerable that you felt forced to quit, you may have a constructive discharge claim. Contact our skilled wrongful termination attorney in Los Angeles, Burbank, or Beverly Hills, California today to discuss the harsh and unendurable workplace conditions that compelled you to quit your job. We do not charge prospective clients for a confidential telephone intake or online case review.Why Is It Important to Prove Constructive Discharge Occurred in California?
When California employees quit their jobs, they lose more than just their wages. They may lose their eligibility for unemployment benefits, and their right to file a wrongful termination, discrimination, or retaliation lawsuit against their employer.
If an employee is found to have been constructively discharged, he or she may be entitled to all the same benefits as if they were fired. A Los Angeles constructive discharge attorney at our office may be able to help you understand your legal options.
It is important to note, California employers are aware of the rights and entitlements their employees give up when they quit. That is why constructive discharge is against the law. It keeps abusive employers from forcing their employees to quit and moving forward without any consequences.
We make it very clear to employers across the state that constructive discharge is illegal, and there are significant penalties for their actions, and we will hold them fully liable for each during our wrongful termination claims.
While many California employees may believe they are being treated unfairly at work — to the point of quitting and finding new employment — we must prove they were forced to quit.
That requires each case we take to meet the legal threshold for constructive discharge, which can be proven through evidence that reveals:
- Intolerable work conditions existed at the time of the employee’s resignation.
- The unbearable work conditions would have compelled another reasonable employee to resign.
- The employer intentionally created the insufferable work conditions, or knowingly permitted the intolerable employment conditions to exist.
- Any reasonable employer would have realized any reasonable employee’s response would be to resign, instead of enduring the despicable workplace conditions.
If you believe your employer subjected you to intolerable workplace conditions to get you to quit your job, contact our dedicated wrongful termination lawyer in Los Angeles, Burbank, or Beverly Hills, California today to discuss your case during a free telephone intake or online case review.How Can the California Wrongful Termination Lawyer at Gallenberg PC Help?
At Gallenberg PC, our constructive discharge attorney has offices in Los Angeles, Burbank, and Beverly Hills, so unlawfully terminated or discharged employees have access to the legal representation they need to pursue results inside and outside the courtroom — no matter where they live or work in California.
Our primary goal is to make legal services accessible to everyone in California, regardless of a person’s ability to pay.
We understand that many individuals cannot afford to pay upfront hourly rates or retainers for an employment or labor attorney in Los Angeles. That does not mean they should not have the legal ability to pursue justice after suffering from unlawful treatment in any California workplace.
Our wrongful termination attorney in Los Angeles, Burbank, and Beverly Hills takes all eligible cases on a contingency basis, which means if we do not win your case, you do not pay our legal fees.
If you were subjected to intolerable conditions until you were forced to quit your job in California, contact Gallenberg PC today to discuss your important employment law case with our skilled wrongful termination attorney in Los Angeles at (213) 986-8432, Burbank at (818) 237-5267, or Beverly Hills at (310) 295-1654 to schedule a free intake today.
If you prefer, complete a Free Online Case Review to have your claim screened by our experienced employment law attorney and we will contact you directly to discuss your case.