Understanding Wrongful Termination: When Quitting Becomes the Only Option

September 26, 2023

forced to quit job, wrongful termination

In the realm of employment law, wrongful termination is a term that sends shivers down the spines of both employees and employers. Since 2015, we have witnessed countless cases where employees felt cornered, ultimately forced to quit jobs due to intolerable working conditions.

In this blog, we'll delve into the intricacies of wrongful termination and what recourse you have when faced with the daunting decision of leaving your job.

1. What Constitutes Wrongful Termination?

Wrongful termination, also known as wrongful dismissal or wrongful discharge, refers to the unlawful and unjustifiable termination or firing of an employee by an employer. In essence, it occurs when an employee is let go from their job in violation of legal rights, employment contracts, or applicable employment laws.

While employment in the United States is generally considered "at-will," meaning that employers can terminate employees for almost any reason (or no reason at all), there are exceptions.

Wrongful termination occurs when an employee is dismissed in violation of state or federal laws. It can take various forms, such as when an employee is fired for discriminatory reasons, in retaliation for exercising legal rights (such as whistleblowing), as a result of harassment or a hostile work environment, or in breach of the terms and conditions outlined in an employment contract. Wrongful termination may result in legal consequences for the employer, including potential legal claims and compensation owed to the terminated employee.

2. When Are You Forced to Quit Your Job?

Sadly, there are instances where the work environment becomes so intolerable that employees feel they have no choice but are forced to quit their job. In such cases, you may find yourself "constructively discharged," meaning your resignation was essentially forced by your employer's actions. It's crucial to document these instances, as evidence is vital in proving a constructive discharge claim.

Being forced to quit a job is a difficult situation that can arise due to various factors. Here are some examples of situations where employees might feel compelled to resign from their jobs:

Harassment and Discrimination: Persistent harassment, bullying, or discrimination based on factors such as race, gender, religion, sexual orientation, or disability can create an untenable work environment. If an employer fails to address these issues despite complaints, an employee may feel they have no choice but to resign.
Hostile Work Environment: A work environment that is consistently hostile, toxic, or psychologically damaging due to factors like a high level of conflict, unethical practices, or unreasonable demands can lead employees to quit to protect their mental and emotional well-being.
Retaliation: When an employee faces adverse actions, such as demotion or reduced responsibilities, as a result of whistleblowing, reporting illegal activities within the organization, or exercising their legal rights (e.g., requesting reasonable accommodations for a disability), they may feel forced to quit job due to the retaliatory atmosphere.
Unlawful Practices: Discovering that the employer is engaging in illegal activities or asking employees to participate in illegal practices can put employees in a morally compromising situation. If the employer does not rectify the situation, employees might resign to avoid legal consequences or ethical dilemmas.
Safety Concerns: In situations where an employer consistently fails to provide a safe and healthy work environment, employees may feel their physical safety is at risk, leading them to resign out of concern for their well-being.
Breach of Contract: When an employer violates the terms of an employment contract, such as failing to provide promised benefits or compensation, employees may resign due to the employer's failure to uphold their end of the agreement.
Unreasonable Demands: Excessive and unreasonable work demands, such as an unmanageable workload, unrealistic deadlines, or an expectation to work excessive overtime without compensation, can lead to burnout and employees feeling compelled to resign.
Constructive Discharge: Constructive discharge occurs when an employer makes working conditions so intolerable that an employee has no other option but to resign. This may include situations where an employer consistently humiliates an employee, denies them essential resources, or isolates them from colleagues.
Health Reasons: If an employee's physical or mental health deteriorates as a direct result of their job, and the employer does not make reasonable accommodations or address these concerns, the employee may resign to prioritize their health.

These examples illustrate the various circumstances in which an employee may feel forced to quit their job, often due to challenging workplace conditions or violations of their rights. It's important for employees facing such situations to seek legal advice and explore their rights and options before making the decision to resign.

3. The Role of a Wrongful Termination Lawyer

If you've been forced to quit your job due to intolerable conditions, consulting with a wrongful termination lawyer is a wise course of action. An experienced attorney can help you evaluate the strength of your case, guide you through the legal process, and determine the best course of action. They can also help you gather evidence to support your claim, negotiate with your former employer, and if necessary, file a lawsuit to seek justice. In some cases, you may be entitled to reinstatement, back pay, or compensation for emotional distress.

Know Your Rights

Understanding wrongful termination is vital for protecting your rights as an employee. No one should have to endure an unbearable work environment or be forced to quit their job unlawfully. If you find yourself in such a situation, remember that you have recourse. Consult with, LFECR, an experienced wrongful termination law firm who can provide guidance, support, and legal representation to help you pursue justice and hold your former employer accountable for their actions. Wrongful termination cases can be complex, but with the right legal counsel, you can navigate the legal process and work towards a fair resolution.

If you or someone you know is seeking support, our experienced labor rights lawyers at Lawyers for Employee and Consumer Rights are here to guide you towards a resolution that upholds your rights and dignity.

Call 323-716-1859 today for a free and confidential consultation to get the help you need and deserve.

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California’s Evolving Workplace - Highlights from the 2025 Legislative Session

November 24, 2025

California has wrapped up another busy legislative session, and Governor Gavin Newsom has approved a wide range of new workplace laws that employers will need to prepare for in 2026 and beyond. These measures touch nearly every corner of employment compliance, from labor rights and pay transparency to leave rules, recordkeeping, and restrictions on certain contract terms. Below are a few key changes that stand out. 1. Expanded Labor Rights for Workers and Gig Drivers A new law (AB 288) strengthens workers’ rights to organize and gives the Public Employment Relations Board the power to step in when federal labor protections fall short. Another measure (AB 1340) creates a framework allowing certain gig-economy drivers to unionize and negotiate industry-wide standards without changing their independent contractor status. 2. Broader Pay Data and Equal Pay Requirements Under SB 464, employers with 100 or more workers will face stricter pay-data reporting rules, including penalties for failing to file and expanded job-category reporting starting in 2027. SB 642 also updates California’s Equal Pay Act by clarifying what counts as wages, including bonuses, equity, and benefits, and setting a six-year limit for filing claims. 3. New Limits on Repayment Agreements AB 692 restricts employers from requiring workers to repay training costs or other debts when they leave a job, unless very specific exceptions apply (such as accredited programs or prorated hiring bonuses). Most repayment-based contract terms tied to separation will no longer be allowed. Read more in the National Law Review, HERE .