Picture this: Your employer isn’t outright firing you, but they’re making your work life a nightmare and so intolerable that any reasonable person would feel compelled to quit. The constant micromanaging, impossible deadlines and even outright hostility designed to push you out of the door can be frustrating.
Fortunately, you have legal rights as an employee in California. Such actions may amount to constructive discharge, which is against the law. You can take legal action against your employer for unlawful termination.
The elements of constructive discharge
Constructive discharge is not simply about a bad day in the office or getting a tough project. You must demonstrate a sustained pattern of behavior by your employer or supervisor that makes your continued employment practically impossible.
Courts look at whether a reasonable person in your shoes would have felt forced to quit under similar circumstances. It means you need to have solid documentation such as dates, witnesses and any attempts you made to resolve the issues internally.
The damages you can recover
You may be entitled to various damages with an unlawful termination lawsuit, depending on the specifics of your case. These include back pay for the wages you would have earned, front pay for future wages if reinstatement is impractical and even compensation for the emotional distress you suffered.
What you need to consider
If you believe you have a valid constructive discharge case, it helps to understand how the law works. For instance, the law requires you to file a claim with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before taking the matter to court.
Remember, you’ll need to present a strong case to secure your chances of a desirable outcome. Reaching out for legal guidance can help guide you on the best course of action and protect your interests.