‘Constructive discharge’ may be illegal termination

Q: I WAS recently forced to quit my job because of my abusive manager. Can I still sue for wrongful termination even if I was the one who left my employment?
A: If the manager’s conduct created working conditions that were so oppressive that a reasonable person in the employee’s position is forced to resign, then such a resignation may be considered a constructive discharge. A constructive discharge is essentially a termination. A termination may be illegal if motivated by discrimination based on a legally protected characteristic such as disability, race, gender, or age. If so, the remedies available to such an employee are the same as those available to a wrongfully terminated employee.
How can an employee prevail on a constructive discharge claim? The employee must prove 1) that the working conditions at the time of the resignation were so intolerable that a reasonable person in his or her position would have been compelled to resign, and 2) that the employer either intentionally created or knowingly permitted the intolerable working conditions.
This means an employee must show that the conditions giving rise to the resignation were extraordinary and shockingly bad (“egregious”). The working conditions must be unusually “aggravated” or amount to a “continuous pattern” before the situation will be deemed intolerable. A single, trivial, or isolated act of misconduct may not be enough to support a constructive discharge claim.
Consider the following case of constructive discharge as reported by the Daily Journal:
Mitsuyo Kuwahara worked as a model instructor for several years at Asahi Gakuen, a Japanese-language school with a campus in Sta. Monica, California. When Ms. Kuwahara was promoted, she started reporting to Mr. Kawata, the new principal. She alleged that because Japanese culture permeated the work culture at Asahi, as a result, Mr. Kawata treated her as a personal servant, and not as a working professional.
Ms. Kuwahara was also degraded publicly and forced to scrub and clean desks even though there was a maintenance crew. She was prevented from taking the lead because she was female, and the employer pulled out male employees to be the “face” of the school. She was required to work longer hours without overtime pay. Her complaints of maltreatment were ignored. Instead, she was given a negative performance review, and as punishment, was demoted and transferred to Asahi’s Torrance campus, a long drive from her home in Woodland Hills.
After years of unlawful treatment, Ms Kuwahara resigned and sued the employer for constructive discharge, claiming that the employer forced her out of her career. Among other things, she claimed discrimination based on gender and national-origin.
The employer contended that Ms. Kuwahara was a poor performer and was unfit for the job; that she never complained of discrimination, and she was not terminated, just transferred. The employer also hired a forensic psychiatrist to testify that the employee had a pre-existing “personality disorder, not otherwise specified” that caused her to react disproportionately to neutral workplace events.
After listening to both sides, the jury found discrimination and decided that Ms. Kuwahara was wrongfully terminated in violation of the law. She was awarded a total of $1.3 million in damages, including emotional distress and lost wages.
There may be rude bosses at work. Unfortunately, rudeness is not illegal and employees are cautioned not to be unreasonably sensitive to the working environment or to expect a stress-free workplace. However, if the working conditions are “unusually aggravated” or a “continuous pattern” of oppression exists, it may be smart to consult with an experienced employment attorney to protect oneself.

***

The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost.  Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit  www.joesayaslaw.com. 

***

C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.