Can a California employee get constructive discharge for quitting?
Unfortunately, too many California employees find themselves in the difficult position of wanting to resign their jobs because conditions at work have become unbearable. This leaves the worker no realistic choice but to quit, that employee may have a claim for constructive discharge.
When does a constructive termination occur in California?
California law recognizes constructive termination (also called constructive discharge) as occurring when an employer intentionally creates or knowingly permits such intolerable working conditions for an employee, that the worker reasonably feels no choice but to resign.
What happens if you quit your job in California?
California is an “at-will” employment state, your employer can terminate you for any reason, and with or without cause or advance notification. Likewise, at-will employees can quit their jobs at any time without explanation or advance notice.
Can a constructive discharge claim be filed against an employer?
Constructive discharge or termination applies not only to at-will employees but also to many employees working under employment contracts. In many of these agreements, if the employer acts without good cause to force a contract employee to resign, that individual may have a claim for constructive discharge.
Unfortunately, too many California employees find themselves in the difficult position of wanting to resign their jobs because conditions at work have become unbearable. This leaves the worker no realistic choice but to quit, that employee may have a claim for constructive discharge.
California law recognizes constructive termination (also called constructive discharge) as occurring when an employer intentionally creates or knowingly permits such intolerable working conditions for an employee, that the worker reasonably feels no choice but to resign.
California is an “at-will” employment state, your employer can terminate you for any reason, and with or without cause or advance notification. Likewise, at-will employees can quit their jobs at any time without explanation or advance notice.
Constructive discharge or termination applies not only to at-will employees but also to many employees working under employment contracts. In many of these agreements, if the employer acts without good cause to force a contract employee to resign, that individual may have a claim for constructive discharge.