March 04, 2022

Constructive Discharge as a form of Wrongful Termination

Help for Constructive Discharge Job Situations

In a nutshell, constructive discharge is where an employer intentionally makes things so bad for an employee, he or she quits employment. This approach to removing an employee works in the employer’s favor at first; the employee can’t file for unemployment insurance after the fact if he or she voluntarily left their job.  Not only does the employer get rid of an unwanted person, they don’t have the costs after the fact either, or so the thinking goes.

However, the law in many states recognizes the unequal power of the employer over the employee, which can be abused. In these circumstances, the argument of constructive discharge applies, and can be used to argue a wrongful termination, even if the person technically quit. Pursuing a wrong termination case, however, is another challenge. The burden is on the employee to convince the court he or she was wronged. And that can be extremely confusing if one doesn’t know where to start.

Constructive Discharge Examples

  • Received a Reduction in Pay and/or Hours not related to Work Performance
  • Dramatic Changes to Responsibilities
  • Hostile Environment
  • Bullying
  • Humiliation
  • Pattern of Egregious Conduct
  • Violence
  • Retaliation
  • Sexual Harassment

If you believed you were wrongfully terminated due to a constructive discharge, contact us today.

Fortunately, experts are available who can help. The Brockmeier Law Group can be called on by an affected employee to provide help as an Irvine wrongful termination attorney team. Because they specifically focus on labor law, clients have a far better chance for recovery and realizing a better resolution to their employment abuse than going with a general attorney.

As an Irvine wrongful termination lawyer, the counsel from the Brockmeier Law Group will immediately establish representation and put the employer on notice that they have not gotten away with their harassment and abuse of the former employee. While many companies at first will resist, many realize once a wrongful termination lawyer Irvine CA resource is brought into the mix, a settlement is usually a better approach than taking the risk of going to court. This is where the former employee gains leverage. To find out more about your specific situation, call the Brockmeier Law Group today!


Let the experienced attorneys at Brockmeier Law Group help with all your legal needs. We provide services to clients in Irvine, Los Angeles, San Bernardo, San Diego, Orange County, and throughout all of Southern California. Contact us today.

Give Brockmeier Law Group a call at 310-425-3431.