{"id":357794,"date":"2016-04-04T10:45:29","date_gmt":"2016-04-04T15:45:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/losing-a-job\/constructive-dismissal-and-wrongful-termination.html"},"modified":"2022-12-09T11:25:40","modified_gmt":"2022-12-09T16:25:40","slug":"constructive-dismissal-and-wrongful-termination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/losing-a-job\/constructive-dismissal-and-wrongful-termination.html","title":{"rendered":"Constructive Dismissal and Wrongful Termination"},"content":{"rendered":"\n
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Constructive Dismissal and Wrongful Termination<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Gregg Cavanagh<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Instead of firing an employee, an employer might make their job unbearable. The goal is to force the employee to quit. Yet, the law recognizes this behavior as a type of unfair dismissal. You have employment rights against constructive termination. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Constructive dismissal, or constructive discharge, is a modified claim of wrongful termination<\/a>. It occurs when the employer wrongfully makes working conditions so intolerable that the employee resigns.<\/p>\r\n

As in wrongful termination<\/a>, the employer must violate the employment contract or public policy by targeting the employee. In these situations, it\u2019s wise to get legal advice. An employment lawyer<\/a> can clarify whether your employer\u2019s actions point to constructive dismissal.<\/p>\r\n

What Is Constructive Discharge?<\/h2>\r\n

Most states recognize the legal concept of constructive discharge<\/a>, in which an employee quits because the working conditions have become so intolerable that they can no longer work for the employer. Even though the employee voluntarily quit, the employee had no reasonable alternative because of the intolerable working conditions.<\/p>\r\n

The employee’s resignation is overlooked for legal purposes because the employment relationship was in effect terminated involuntarily by the employer’s conduct. In this situation, the resignation is treated as a firing. If the employer’s actions constitute unlawful conduct or a breach of an express or implied employment contract, the employee may have a claim for wrongful constructive discharge.<\/p>\r\n

Elements of a Constructive Discharge Claim<\/h2>\r\n

An employee can’t simply quit and claim that they were constructively discharged. For example, California requires an employee to prove that:<\/p>\r\n

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  1. Their working environment was so unusually adverse that a reasonable employee in their position would have felt compelled to resign, and<\/li>\r\n
  2. The employer either intended to force such resignation or had actual knowledge of the intolerable working conditions.<\/li>\r\n<\/ol>\r\n

    An employee claiming to have been constructively discharged must show that the conditions giving rise to the resignation were sufficiently extraordinary and egregious to overcome the normal motivation of a competent and reasonable employee to remain on the job.<\/p>\r\n

    A Pattern of Poor Work Conditions<\/h3>\r\n

    Generally, a continuing pattern of extraordinary and egregious conduct is required before an employee’s resignation will be considered a constructive discharge. A single negative evaluation or other isolated acts don’t typically establish intolerable or unusually adverse employment conditions.<\/p>\r\n

    However, in severe situations, a single act may be enough to constitute unusually adverse conditions. One example is the employer committing a crime of violence against an employee. Another example is the employer requiring an employee to commit a crime. These are serious incidents.<\/p>\r\n

    How Courts Decide Constructive Dismissal Claims<\/h3>\r\n

    Courts address whether an employer’s conduct amounts to sufficiently intolerable or egregious working conditions to permit constructive discharge.<\/p>\r\n

    Courts focus on factors including:<\/p>\r\n