Legal Question in Employment Law in California

Re: Constructive wrongful termination

There are two aspects to the concept of "constructive termination" that make such cases very difficult. The first is that you must be able to show that you have done every poissible to save your job before quitting. This generally means bringing the nature of the problem to the attention of the employer, giving it the opportunity to correct the problem. Ultimately, you must be able to prove that no reasonable person would have continued working in the environment created by the employer. Many judges have a high bar to meet on this issue.

The second aspect is that even if you can prove the first issue, you still must show that the reason you were constructively terminated was for an unlawful purpose. In other words, you still have to have a wrongful termination, constructive or otherwise, as in violative a public policy, discrimination, etc.

Since you are a paralegal, I would refer you to a California Supreme Court case of Turner v. Anheiser Busch (sorry I don't have the cite at hand but it was in the 1990's)that sets the statndard of proof in such cases.