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Have You Been a Victim of a Constructive Discharge?

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We Know Constructive Discharge Laws

Matern Law Group, PC is an employment law firm located in San Jose, CA.

Constructive discharge occurs when an employee quits their job in response to working conditions that are so poor that no reasonable person would stay. Like other “constructive” variants, constructive discharge functions in the eyes of the law as if the employee was terminated.

If you quit your job because of intolerable work conditions or treatment, in certain circumstances, your resignation may be considered a termination. A resignation under these circumstances is called a “constructive discharge” or “constructive termination.” If you were constructively discharged from your employment, the law will typically treat you as if you were fired. This means that you have certain rights that are typically not available to employees who quit their jobs, including the right to receive unemployment benefits and to file a wrongful termination lawsuit against your employer.

The U.S. Supreme Court has extended the legal concept of constructive discharge to cases brought under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA), the federal laws that prohibit discrimination and harassment in employment based on certain protected characteristics. And, many state courts also recognize the concept in similar types of cases under state laws.

If you were harassed or discriminated against because of your gender, race, religion, sex, nationality, age or disability, and it caused you to quit your job, you may be able to file a wrongful termination or constructive discharge lawsuit even if you technically quit or resigned.

If you believe you’ve been a victim of wrongful termination by constructive discharge, please reach out. Our employment law team knows California laws and can help you fight for justice.

Matern Law Group, PC is committed to obtaining justice for you. We pride ourselves on delivering exceptional legal services to our clients.

Call us at: 855-443-7007 or fill out the form below to discuss your issue.

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