Sometimes, employers make your job so difficult that you feel you have to quit. This is called “constructive dismissal.” It means you felt forced to leave because of bad working conditions. You’re not the problem; your employer’s actions might be. If you think this happened to you, here’s what you need to know.
What exactly is constructive dismissal?
Constructive dismissal (also called “constructive discharge”) is directly related to work conditions. Here are some common examples:
- Huge pay or benefit cuts: Your employer cuts your pay or benefits a lot, making it hard to pay your bills.
- Unfair demotion: You’re moved to a lower-level job with less pay and fewer responsibilities for no good reason.
- Harassment or unfair treatment: You’re bullied, discriminated against or constantly criticized unfairly, making your work life miserable.
- Major changes to your job or work location: Your job duties or where you work change in ways that make it very hard or impossible to keep working there.
- Ignoring serious problems: Your employer knows about serious issues like safety problems or harassment but does nothing to fix them.
Employers might do these things to get you to quit without firing you. Sometimes, they do this for financial or even personal reasons. But, it’s never ok to mistreat employees to the point where they are forced to leave. California law protects you from this as it can be considered wrongful termination.
What you can do if you suspect this happened to you
It can be upsetting to feel like your employer forced you to quit. Don’t worry – you have rights as an employee. You can file a wrongful termination claim against your former employer with the state of California.
Before taking legal action, you should write down everything that happened including dates, times, and details about that work environment. Keep any proof you have like eyewitness testimonies, emails, memos, and performance reviews. This can help build your claim later on.
Consider consulting with an employment lawyer before filing the formal claim, though. The legal process for wrongful termination cases can be complex, and an experienced attorney can provide guidance.