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- Written by: Mo Eldessouky — California employment trial lawyer and founder of Eldessouky Law; recognized in the Top 10 Labor & Employment Verdicts in California (2024) for his role in securing a $34.7M defamation and wrongful termination verdict against Walmart; with over a decade of proven results in cases involving harassment, discrimination, wage & hour, and other workplace violations
- Focus: Practical guidance based on California law and real case outcomes
- Recognized by: Eldessouky Law has been featured in major news publications such as USA Today and CBS News for our commitment to protecting California employees and securing significant legal victories
- Last updated: August 2024
Yes, you can sue your employer if you quit instead of being fired, but specific conditions must be met for your case to be viable. This is typically known as “constructive discharge,” where your resignation is considered a forced decision due to intolerable working conditions created by your employer.
To prove constructive discharge, you must demonstrate that your working environment was so unbearable that a reasonable person in your position would have felt compelled to resign. This could include severe harassment, discrimination, or significant changes in your job responsibilities or working conditions.
Simply being unhappy at work is not enough to sue for constructive discharge. You must provide evidence that your employer’s actions were intentional and directly led to your resignation. This might involve documentation of the mistreatment, witness statements, and any formal complaints you made before quitting.
In conclusion, while suing your employer after quitting is possible, it requires strong evidence that your resignation was effectively a termination caused by intolerable conditions. Consulting with an employment attorney can help you assess the strength of your case.
