There’s a difference between quitting and constructive discharge

Some California residents put up with certain discriminatory or harassing behaviors at work because they need their jobs. However, the situation can get so bad that some actually quit their jobs. They may not think they have any claim against their employers because they quit, but what happened may really fall under constructive discharge.

If the environment in a person’s workplace is hostile due to harassment, discrimination, retaliation or a combination thereof, the situation may devolve to the point where he or she leaves in order to get away from the objectionable conduct. Under the law, someone in this position may still be entitled to benefits and/or restitution if the evidence shows that the individual was forced out due to a hostile work environment.

Knowing this may give some relief to California workers who feel they were pushed out of their jobs because an employer failed to protect them from their co-workers or supervisors. However, proving a claim of constructive discharge is not always as easy as it may seem. They will need to provide evidence that they did not really leave their jobs voluntarily.

It will be up to the employee to prove a case of constructive discharge. He or she will need to give evidence of mistreatment while at work. This often requires documentation, witness statements and more. Gathering these items may be problematic if the former employee does not really understand what will help make the best case for the claim. For this reason, it would be a good idea to consult with an attorney who can help increase the odds of a successful claim.