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California Employment Law Glossary

Constructive Discharge
Wrongful Termination

 

Definition


 

Constructive discharge occurs when an employer deliberately makes working conditions so intolerable - through harassment, demotion, pay cuts, humiliation, or hostile treatment - that a reasonable employee would feel compelled to resign. California courts treat a constructive discharge as a termination by the employer, which means employees who were forced out this way may still pursue wrongful termination and related claims.


Frequently Asked Questions

Yes. If your employer made your working conditions so intolerable that a reasonable person would have felt forced to resign, California law treats that resignation as a termination for legal purposes.

Courts look for conditions well beyond ordinary workplace friction - things like sustained harassment, dramatic pay cuts, demotions tied to discrimination, or a pattern of humiliating treatment.

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Being forced out of a job is still a firing under California law. Get a free case review to understand your options.
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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.