Intolerable acts in proving Constructive Discharge

Constructive discharge happens when an employer behaves in a way that compels the employee to resign. When the employee quits the job, the employer is considered as causing the act of termination. Constructive discharge happens when the resignation is not really "voluntary".

An employee must establish objective reasons and create evidence for the intentional intolerable acts executed by the employer. He or she must prove that repetitive behavior of the employer is unbearable that a reasonable person would be compelled to resign.

Factors that can be a basis for intolerable working condition:

1. Demotion
2. Reduction in work load
3. Badgering
4. Humiliation with the intention to compel the worker to resign
5. Reduction in salary
6. Reassignment to demeaning post
7. Less favorable employment status such as decreased in salary or early retirement offer.

The employee must address his or her grievances to proper authorities within the company or organization before submitting a constructive discharge claim. This will help the employer correct such behavior and prevent further wrongdoing.

The standard for the above factors should be viewed as objective. Subjective feelings don’t qualify for constructive discharge claim. An employee cannot simply walk out of his job because of minor arguments in the workplace.

An intentional and repetitive wrong action towards an employee, without proper correction or solution from the employer, is considered as an objective intolerable working condition. Single acts such as crime of violence are enough to be considered as objectively intolerable.

Other examples of "intolerable acts" are:

1. Repeated jokes concerning one's sexual orientation
2. Repeated screaming and yelling, and that the superior threatened to fire an employee.
3. Repeated efforts of the superior to fabricate documents to fire an employee.
4. The employer changed the working condition that has adverse effect on health and welfare of the employee.
5. The employer is aware of the negative effect of the change.
6. The employer demoted or transferred you to a position that is humiliating.
7. The employer or superior has repetitive sexual harassment advances
8. Repetitive discrimination on one's age, race, religion, or disability

Examples of NON- intolerable acts are:

1. The act happens only once or rarely.
2. The reduced salary is not enough to substantiate your claim
3. Poor performance is not factor

Constructive Discharge is only applicable to people who have regular employment status. At will employees are not entitled to this claim. At will employees lack the promise of employment for a longer period of time.

Constructive discharge should include a significant change in the workplace that bothers and stresses you much that it affects your health and well being.

If you quit your job, and suffered intolerable acts in the workplace, you can file a Constructive Discharge lawsuit. Consult with Los Angeles personal injury lawyer and claim your rights.



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