Updated September 18, 2025
1. California Labor Code §2922 — At-Will Employment
- California presumes at-will employment under Labor Code §2922: either party may terminate at any time for a lawful reason.
- Constructive dismissal occurs when working conditions become so intolerable that a reasonable person would feel compelled to resign, which can render the “quit” a wrongful termination.
2. FEHA (Gov. Code §§12940 et seq.) — Discrimination, Harassment, Retaliation
- Although not in the Labor Code, FEHA Gov. Code §§12940 is central when intolerable conditions stem from protected-class discrimination, harassment, or retaliation.
- Examples: hostile work environment based on race, sex, disability; retaliation for opposing or reporting FEHA violations.
3. California Labor Code §§1102.5 and 98.6 — Retaliation Protections
4. California Labor Code §6310 — Workplace Safety Complaints
- California Labor Code §6310 Protects employees who complain about unsafe working conditions or participate in OSHA-related proceedings.
- Retaliatory creation of intolerable conditions after such complaints can support constructive dismissal claims.
5. California Labor Code §970 — Misrepresentation in Hiring
- California Labor Code §970 Prohibits inducing employment through false representations about the job.
- Subsequent intolerable conditions tied to such misrepresentations may bolster constructive discharge theories.
6. Key Case Law
- Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238: Working conditions must be “sufficiently extraordinary and egregious” to justify constructive discharge.
- Colores v. Board of Trustees (2003) 105 Cal.App.4th 1293: Intolerable conditions may arise from a pattern of employer conduct, not only a single event.
Conclusion
Constructive dismissal in California is assessed against the at-will backdrop of Labor Code §2922, augmented by retaliation protections (§§1102.5, 98.6, 6310) and FEHA’s anti-discrimination framework. Courts rely heavily on Turner and related cases to decide if conditions were objectively intolerable.
If you’re employed by a California employer, contact an expert wrongful termination attorney first, for expert assistance regarding your case.
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