What Counts as ‘Constructive Discharge’ in California?

10.24.2025

Overview

Quitting your job doesn’t always mean it was voluntary. In California, if your employer made working conditions so intolerable that you had no choice but to resign, you may have a claim for constructive discharge — a form of wrongful termination.

Here’s how to recognize it and what to do next.

⚠️ Signs of Constructive Discharge

You may have a case if you resigned due to:

  • Harassment or discrimination
  • Retaliation for reporting misconduct
  • Unreasonable workloads or quotas
  • Verbal abuse or threats
  • Sudden demotion or pay cuts
  • Isolation or exclusion from team activities

The key is proving that a reasonable person would have felt forced to quit.

🧾 Real-World Example: Sales Rep Pushed Out After Reporting Fraud

A client reported billing fraud at her company. She was then excluded from meetings, given impossible quotas, and publicly criticized. She resigned and came to us.

We filed a constructive discharge claim and secured a $120,000 settlement for lost income and emotional distress.

📋 How to Prove Constructive Discharge

You’ll need:

  • Documentation of mistreatment (emails, texts, performance reviews)
  • Witness statements
  • Evidence of complaints made to HR or management
  • A clear timeline showing escalation

❓ Frequently Asked Questions

Is quitting the same as being fired?

Not legally — but constructive discharge treats your resignation as a termination caused by the employer.

Can I get unemployment benefits?

Yes, if you prove you quit due to intolerable conditions.

What if I didn’t report the issues before quitting?

You may still have a case, but prior complaints strengthen your claim.

👨‍⚖️ Why You Need a Lawyer

Constructive discharge cases are hard to prove. Our attorneys:

  • Build timelines and evidence
  • Challenge employer defenses
  • Fight for full compensation

We’ve helped clients across California turn forced resignations into successful claims.

📞 Call Infinity Law Group Today

If you were pushed out of your job by toxic conditions, let’s talk. We’ll help you explore your options and fight for justice.

📲 Schedule your free consultation Or call us directly at (925) 732-1188

🔗 Helpful Links from California Legal Experts

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