“Can I quit my JOB and SUE my BOSS?”

“Can I quit my JOB and SUE my BOSS?”

On a recent lay over, I met a man who worked for an insurance agency in California. He spent most of his time discussing how he could be a better employee if not for his boss. He told me his life would be better if not for his boss. His life was affected in every way by his boss at a job that he spends more time with than his family and what made him, what he called, a miserable man because of his boss.

When I mentioned I was an employment lawyer in California he belt out the questions faster than I could answer them. Can I do this? Can I do that? Can they do this? Can they do that? The gist was can, Can I quit job and sue my boss? 

Well then I told him that the grim news is that “being a mean Boss in not illegal.”

His eyes dropped when I mentioned that it’s not illegal to be a bad boss and that in California, employment is “at will.” Not to really bum him out and add to myth that lawyers are useless if not paid, I mentioned a legal term employers never bring up or is rarely mention in employment law, “Constructive discharge.”

Constructive discharge occurs when an employee resigns as a result of the mean boss creating horrible work conditions becoming intolerable and heinous or making life so difficult that an employee’s has no choice but to quit.  

In California, constructive discharge is a defined under Turner v. Anheuser-Busch, an employee must plead and prove that an employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employees resignation that reasonable employer would realize that a person in the employees position would be compelled to resign – This is called constructive discharge.

What does intolerable mean? An example of a common intolerable condition can be continuous yelling and screaming or even an extended campaign aimed at getting you fired orchestrated by your mean boss.  

It’s important though that you let your employer know of your discomfort of working with a mean boss as to place your employer on notice and allow them to look into your bosses actions and rectify the situation. This is referred to as placing them on notice.

I am not saying quit and sue, but there are things that can be done in your case. In the case of constructive discharge your mean boss coerced you to quit. But if you quit when there were other options or you failed to mention it to human resources, then most likely it can appear that you quit for other reasons.    

So Yes and No, you can quit your job and sue your boss. Best advice though; get a good lawyer to help you figure this out. At the Arroyo Law Firm we handle employment questions such as these and make sure that your best interests are covered.Give us a call at 714-566-4112 or email us at Arroyofirm@gmail.com for any questions on employment law, Bankruptcy law, and DUI defense.