Constructive Discharge: How Intolerable Conditions Can Lead to Wrongful Termination Claims in California
Introduction
As a California business owner, you are responsible not just for what you do in the workplace, but for what you allow. If an employee is forced to resign because of persistent, egregious working conditions that violate public policy, your business could be liable for wrongful termination—even if the employee technically “quit.” In these cases, the law treats the resignation as if you fired the employee (Turner v. Anheuser-Busch, Inc., 7 Cal.4th 1238, 1244–45 (Cal. 1994)).
What Is Constructive Discharge Based on Intolerable Conditions?
Constructive discharge arises when an employee’s working environment becomes so unbearable—due to ongoing violations of public policy—that a reasonable person in the same position would have no choice but to resign (Turner, 7 Cal.4th at 1248; Simers v. Los Angeles Times Communications, LLC, 18 Cal.App.5th 1248, 1272 (Cal. Ct. App. 2018)). The key is that the conditions must be unusually aggravated or involve a continuous pattern of mistreatment; a single trivial or isolated event is not enough (Turner, 7 Cal.4th at 1247).
Common Examples of Unlawful “Intolerable Conditions”
Repeatedly requiring off-the-clock work or not paying minimum wage.
Ongoing harassment or discrimination not remedied by management.
Chronic failure to address workplace safety issues.
A pattern of retaliation for whistleblowing or asserting legal rights (Tameny v. Atlantic Richfield Co., 27 Cal.3d 167, 170 (Cal. 1980); Stevenson v. Superior Court, 16 Cal.4th 880, 889–90 (Cal. 1997)).
What Must Be Proven
To establish a constructive discharge claim based on intolerable conditions:
The employee worked for your business.
The employee faced working conditions that violated public policy.
You (or your managers) intentionally created or knowingly allowed these conditions to persist (Turner, 7 Cal.4th at 1251).
The conditions were so objectively severe that a reasonable person in the employee’s shoes would see quitting as the only option.
The employee quit because of these conditions.
The employee suffered harm (emotional, financial, or otherwise).
The intolerable conditions were a substantial factor in causing that harm (CACI No. 2432).
How Can California Employers Avoid These Claims?
Proactively Audit Workplace Practices: Regularly check that scheduling, pay, and safety measures comply with state and federal laws.
Respond Swiftly to Complaints: When employees raise workplace concerns—especially about potential legal violations—investigate promptly and thoroughly.
Fix Problems, Don’t Ignore Them: Take action to correct illegal or unethical conditions right away. Document your investigation and solutions.
Hold Supervisors Accountable: Make sure your management team understands that allowing ongoing violations (even by ignoring complaints) can trigger liability.
Train and Communicate: Invest in training so every supervisor and employee knows your company’s legal and ethical standards and feels empowered to speak up about risks.
Why Compliance, Culture, and Recordkeeping Matter
As a California business owner, you set the tone for workplace expectations. By fostering a culture of compliance—with active efforts to prevent and address illegal conduct—you protect your business from constructive discharge and other wrongful termination claims. Strong documentation and good faith responses to problems provide powerful evidence if a complaint ever arises.
Citations:
Turner v. Anheuser-Busch, Inc., 7 Cal.4th 1238, 1244–48, 1251 (Cal. 1994); Simers v. Los Angeles Times Communications, LLC, 18 Cal.App.5th 1248, 1272 (Cal. Ct. App. 2018); Tameny v. Atlantic Richfield Co., 27 Cal.3d 167, 170 (Cal. 1980); Stevenson v. Superior Court, 16 Cal.4th 880, 889–90 (Cal. 1997); CACI No. 2432.
