When a job starts to feel unbearable, it is normal to wonder whether quitting is your only choice, and what quitting might cost you. This article explains, in general terms, how California looks at resignations that may not feel truly voluntary. It is general information, not advice about your situation.

Quitting versus being pushed out

In California, a job can generally be ended by either the employer or the employee at any time, unless they agreed to something different (DIR: Termination of employment). Most of the time, when a worker decides to leave, that is treated as a regular quit.

Some resignations are different. "Constructive discharge," sometimes called constructive dismissal, is the term used when a person resigns because the employer made the job so hard to stay in that quitting was the only real option. In general terms, it describes a situation where the employer created, or knowingly allowed, working conditions so intolerable that a reasonable person in the same spot would see no reasonable choice except to resign.

A few general points about how this idea works:

  • It looks at a reasonable person. The question is generally what a reasonable person would do in the same conditions, not only how one person felt.
  • It usually takes something serious. Ordinary stress, a rude coworker or one tough review generally is not enough. The conditions usually need to be very bad or part of an ongoing pattern, though one truly intolerable event may sometimes be enough.
  • The employer's role matters. It generally involves conditions the employer, including its managers and supervisors, caused or knew about and let continue.
  • It is generally treated like a firing. Whether that "firing" broke a law is a separate question. Our wrongful termination guide explains what can make a firing unlawful.

When a toxic workplace may cross a legal line

Many people use the word "toxic" for a job with poor managers, favoritism or constant tension. Those things can be painful, but they are not always illegal on their own.

California's fair employment law protects workers from discrimination and harassment based on certain traits. These include race, color, ancestry, national origin, religion, age (40 and over), mental and physical disability, sex and gender (including pregnancy), sexual orientation, gender identity and expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making (CRD: Employment).

Harassment protections apply to employers of any size. Discrimination and retaliation protections generally apply to employers with 5 or more employees (CRD: Employment). Harassment generally must be severe or pervasive to be unlawful, and a single act can be severe enough (CRD sexual harassment fact sheet). Our harassment guide and hostile work environment guide go into more detail.

How quitting can affect unemployment

Many people worry most about money after they leave. A person is generally disqualified from unemployment benefits if they quit their most recent job voluntarily without good cause (EDD: VQ 5). The key words are "good cause."

How EDD generally looks at quitting over work conditions

May be good cause

  • Continued abuse
  • Threats to health or safety
  • Unreasonable workload demands
  • Unreasonable discrimination
  • Conditions a reasonable person who wanted to keep the job could not stand

Generally not good cause

  • Personal dislike of the job or a coworker
  • Minor inconvenience
  • A single minor incident
  • Not trying reasonable solutions first, when that was possible

These points come from EDD's guidance on working conditions (EDD: VQ 440). EDD generally expects a worker to take reasonable steps to fix the problem before quitting. That is not required if the employer can't or won't fix it, has already refused, or asking would be an "idle gesture." EDD also says a person may be disqualified when they did not explore all reasonable solutions before quitting (EDD: VQ 440 Reason for Decision).

Health and safety is its own category. A worker may have good cause if a reasonable person who wanted to keep the job would quit over an undue risk. The worker generally must first try to keep the job, for example by asking for a leave of absence or a transfer, and simple concern is not enough. A worker may leave without those steps when they reasonably believe there is a substantial, immediate threat of serious injury or illness (EDD: VQ 235).

One more point. If the employer has already decided to end the job and offers a choice to "resign or be fired," EDD generally still treats it as a discharge, because the employer made the decision (EDD: MC 5).

Steps people often take before deciding

Taking a breath and slowing down can help. These steps are common ways to keep a clear record and give the employer a chance to respond.

Keeping records and raising concerns

  1. Step 1: Write down what happens

    Note the date of each incident and what was said or done. Short notes made close to the time are easier to rely on later.

  2. Step 2: Save messages and documents

    Keep copies of emails, texts and screenshots, plus letters such as reprimands or warnings.

  3. Step 3: Note who saw it

    Write down the names and contact information of anyone who witnessed what happened.

  4. Step 4: Tell the employer

    Raising the problem with a manager or human resources, or using a grievance process, gives the employer a chance to fix it.

  5. Step 5: Ask about options

    Asking about a transfer, schedule change or leave of absence can show you wanted to keep the job.

The Civil Rights Department suggests gathering dates of harm, witness names and contact information, emails, texts and screenshots, letters such as reprimands or termination notices, grievances, and W-2 or 1099 forms. For disability, pregnancy or family leave issues, medical records can also matter (CRD complaint process). The ideas about raising concerns and asking for a transfer or leave come from EDD's guidance (EDD: VQ 440, EDD: VQ 235).

Filing a complaint with the state

If the problem involves discrimination, harassment or retaliation under California's fair employment law, complaints go to the Civil Rights Department. An employment complaint generally must be filed within 3 years of the date you were last harmed. In employment cases, you generally need a Right-to-Sue notice from the department before filing your own lawsuit. You do not have to go through its investigation to get one (CRD complaint process).

You can also use our where to file tool to see which agency generally handles which kind of problem.