Wrongful Constructive Discharge – Forced to Quit
Constructive discharge or constructive termination occurs when an employee is treated so badly that he or she is forced to quit. Wrongful constructive discharge or termination is when an employee is forced to quit based on reasons that violate the law. Just as in a wrongful termination case, wrongful constructive discharge occurs when an employee is forced to quit occurs for a reason which is against a state of federal law, policy, breach of worker’s contract, or some other aspect of the law. An employee who has been forced to quit his or her job based on the following would be unlawful:
- Race or National Origin
- Retaliation for complaining about discrimination.
- Retaliation for complaining about Sexual Harassment
- Disability (FEHA or ADA)
- Use of Family Medical Leave (FMLA or CFRA)
- Pregnancy or use of maternity leave
- Religion or religious practices
- Sexual orientation or gender identity
- Retaliation for workplace health and safety complaints
- Retaliation for complaining about race or national origin discrimination
- Retaliation for complaining about unpaid wages, overtime, or other Labor Code violations, such as failure to provide meal or rest breaks
- Retaliation against health care workers for reporting patient safety concerns
- Firing an employee for reasons that public policy.
Building Your Constructive Discharge Case
If you believe you have been or will be forced to quit based on any of the above listed reasons or for any other reason which violates the law, we recommend that you document everything. You should document or keep a record of what happened or is happening, why you quit your job or are planning to do so, all documents showing that you complained to HR, a manager, supervisor or employer of the illegal conduct. If there are any witnesses who witnessed the illegal conduct will also be evidence that supports your case.
Helping Victims of Wrongful Constructive Discharge
An employment lawyer at KKG Law can help if you have been constructively discharged or forced to quit your job for any of the above reasons or any reasons that violate the law. We represent current and former employees in Oakland, San Jose, Fairfield, and all other Bay Area communities. Contact us at 510-721-3477 for a free case evaluation.