Can I File a Wrongful Termination Case If I Quit?

a man holding a box of his personal belongings in the office

It's no secret that California is an at-will employment law state. This means that either the employer or the employee can end the working relationship at any time and for any reason, with or without notice. However, there are some exceptions to this rule.

One of these is wrongful termination. If you've recently quit your job because the working conditions were so unbearable that it resulted in resignation, then you might be wondering if you still have a wrongful termination case. The answer depends on the circumstances surrounding your resignation.

 

Can I Quit My Job and Have a Wrongful Termination Case?

In California, an employee can still have a wrongful termination case even if they resign from their job. However, the burden of proof is higher for someone who has quit their job, as opposed to someone who was fired.

To prove that your resignation was actually a constructive discharge, you will need to show that the working conditions at your job were so intolerable that a reasonable person in your situation would have also felt compelled to resign. Factors that may be considered include:

 
  • Illegal discrimination or harassment

  • Unsafe working conditions

  • A breach of contract

  • Violation of public policy

If you can prove that you resigned because of one of these factors, then you may have a valid wrongful termination claim. However, remember that not every unpleasant work situation will rise to the level of a constructive discharge. To be successful in your claim, you will need to show that the conditions at your job were truly unbearable.

If you're considering quitting your job because of illegal or intolerable working conditions, you must first speak with an experienced California employment law attorney. An attorney can help you understand your rights and options and advise you on the best course of action for your particular situation.

At Polaris Law Group, our California wrongful termination lawyers have significant experience representing employees in all types of workplace disputes, including constructive discharge claims.

To learn more about how we can help you, contact us today at (888) 796-4010 to schedule a consultation!

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