What is Constructive Discharge in California? Constructive discharge is a term used by wrongful termination lawyers that describes a situation where an employee is forced to resign or quit their employment position due to harassment, retaliation, and or discrimination in the workplace. However, just quiting your position does not qualify for constructive discharge in California. If you plead a cause of action against your California employer for Tortious Constructive Discharge the employee will need to prove to either the judge or the jury that the employment conditions were so intolerable that a reasonable person put in the employees shoes would have quit under the described circumstances. This is not always east to prove and of course every case is unique and has its own set of facts. The bottom line, every case is different and before you resign from your position thinking that you may have legal grounds to resign you should consult with an experienced labor and employment lawyer in your area.

We are a Inland Empire labor & employment law office that assists individuals that have suffered from wrongful termination, sexual harassment, discrimination, and harassment in the workplace. Call us today to discuss your case.