Can You Sue For Constructive Dismissal In Downey?

A Brief Introductions To Constructive Discharge In California

Constructive dismissal, also known as constructive discharge, can be considered a form of Wrongful Termination. It occurs when an employee feels compelled to resign or leave their job owing to unbearable working conditions. Instead of being fired outright, the employee believes that they have no choice but to resign.


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The courts overlook that the employee resigned because it was the most reasonable course of action for them to pursue. If the employee can show that the working conditions were terrible and that they had no other option, the courts will consider them as if they were fired.


That said, here's a quick guide to constructive dismissal, as often handled by our prescreened Downey Employment Law Attorneys in California.

What Makes a Constructive Discharge Claim Successful?


An employee must be able to demonstrate the following under current California law:

  • Working circumstances were so bad that any rational individual in their position may have considered quitting.

  • The conditions must have been made known to the employer, or else the resignation would have been forced.

Essentially, the complainant must show that the working conditions were excessively difficult, that any reasonable person in their position would consider quitting as the only way to deal with the situation, and that the employer was aware of the problem but chose to do nothing about it.


Individuals working in these types of settings should maintain track of any communications they have with their employers about their working conditions. You should also submit your complaints in writing so that a comprehensive record can be kept.

In the majority of cases, the court looks for a pattern of such activity. One-time incidences are usually not regarded as serious enough to warrant a claim unless the employee can show that the previous incident is likely to lead to others. Other one-time incidents that the court often allows include violence, harassment, or forcing an employee to commit a crime.

In the absence of such extreme circumstances, however, you must show or prove a pattern of unpleasant working conditions. If you're worried about building a case and gathering evidence yourself, you can hire a Downey Employment Lawyer to help you find all the proof you need to win your Employment Law claim.


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When Is Your Boss Guilty?

When it comes to employer behavior, the courts usually look at the following factors:

  • Has the employee been requested to take part in any criminal activities?

  • Is the employer aware of the employee's previous concerns about their working circumstances, and is it looking into them?

  • What kind of criminal behavior did the employer engage in?

  • How long did the employee resign following the illegal behavior?

As you gather evidence to support your constructive discharge claim, keep these questions in mind. If you already have some evidence, hand them over to your Downey Labor Law Attorney to help build your case.

What Doesn't Qualify as a Constructive Discharge?

A constructive discharge does not apply to every example of an employee departing because of their impressions of their working environment.

For example, being miserable at work isn't enough; you must feel compelled to leave because circumstances are so horrible. It's also critical that you tell your boss about your situation. If you don't, your claim will be immediately rejected.


Things like a rude supervisor, a difficult day at work, or getting an unpleasant phone call from a customer can all contribute to poor working conditions. If these are one-time events, however, it is not considered constructive dismissal.


Consult with a Downey Employment Law Attorney to help you assess your current working conditions and decide if it does count towards a constructive dismissal claim.

Do You Have To Quit Your Job For It To Be A Constructive Dismissal?

Some people are apprehensive about quitting their jobs this way. They can be concerned about obtaining another source of money or being laid off. However, if you are still employed in the same capacity, you will not be able to submit a constructive discharge claim.

Staying at a toxic workplace for a long period before leaving does not bar you from submitting a claim in the same way that remaining employed by the company does. The courts in California are often aware that people require a source of income, and that they are willing to put up with horrific conditions in order to make ends meet.

Before deciding to quit, it is also advisable for the employee to try to fix the situation. The easiest way to do this is to stay and file complaints.


If you've opted to stay in your job for a while longer in the hopes of improving things or saving enough money to get by while unemployed, make sure you keep track of all occurrences and complaints. If the situation worsens or an unsolved problem produces additional problems, you should register a new complaint.


Technically, you have not been fired if you are still working by the company. Thus you must wait until you leave before filing any claims.

However, if you have some doubts or concerns about leaving, consider talking to your Downey Labor Lawyer for the best course of action to take.

When Must a Constructive Discharge Claim Be Filed?

Wrongful termination claims, including constructive discharge and dismissal claims, are subject to a statute of limitations in California.


It's critical to file your claim before the statute of limitations runs out. Otherwise, the courts will just dismiss it. The amount of money you can recover depends on the sort of wrongful termination lawsuit you want to pursue.

When it comes to constructive termination in violation of an employment contract, you have two years to initiate a claim from the date of dismissal. Constructive discharges that occur in violation of public policy, such as being ordered to execute an illegal conduct, are subject to the same limit.

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When you quit your work, your boss may try to convince you that the time limit for filing a lawsuit has expired or that you have no legal options.


This is frequently done to deter you from submitting a claim. In other situations, they may be assuming that the two-year limitation period began when you were forced to quit due to terrible working conditions, rather than when you were compelled to quit.

Never sign anything from your company that limits your ability to sue. You should also hire a Downey Employment Law Attorney to ensure that you are still inside the legal deadline for filing a lawsuit.

Find A California Labor Lawyer In Downey


Worried about attorney fees? Don't fret!


Gency.org can refer you to an experienced prescreened Contingency Lawyer for your Employment Claims in California.

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