Wrongful Termination · California & New York
Constructive Dismissal Attorney
Dealing with a constructive dismissal issue? Our California & New York employment attorneys can help you get the compensation you deserve.
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What You Can Recover in a Constructive Dismissal Case
If you have experienced constructive dismissal, California and New York law give wrongful termination victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the constructive dismissal
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
Constructive Dismissal FAQ
What qualifies as constructive dismissal in California?
Under California law (Turner v. Anheuser-Busch, Inc.), constructive dismissal occurs when an employer deliberately creates or knowingly permits working conditions so intolerable that a reasonable employee would feel compelled to resign. The conditions must be sufficiently extraordinary and egregious to overcome the normal motivation of a competent, diligent employee to remain on the job.
How is constructive dismissal treated under New York law?
New York courts apply a similar standard, requiring that working conditions be so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign. Under the NY Human Rights Law, if the constructive dismissal was motivated by discrimination, you may recover compensatory and punitive damages.
Do I need to complain to my employer before resigning?
Yes, generally you should give your employer a reasonable opportunity to correct the intolerable conditions before resigning. Document your complaints in writing, including emails and HR reports. Courts in both CA and NY look at whether the employer was on notice and failed to act.
Can I collect unemployment benefits after constructive dismissal?
Yes. Both California EDD and New York DOL treat constructive dismissal as an involuntary separation. You must demonstrate that you left due to intolerable conditions, not simply dissatisfaction. Having documentation of your complaints and the employer's failure to act is critical.
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