If I Quit Because Of Sexual Harassment, Can I Get My Job Back?

If I Quit Because Of Sexual Harassment, Can I Get My Job Back?

Sexual harassment in the workplace creates profound harm that extends beyond emotional distress. When the environment becomes unbearable, some employees feel they have no choice but to resign. If you left your job to escape sexual harassment, you may wonder about your legal options and whether you can reclaim your position or seek compensation. At the Law Offices of Jeannette A. Vaccaro PC, we understand the difficult position you’re in. Our attorney can help you determine the best path forward after a forced resignation due to sexual harassment.

Here’s what California employees should know:

• You may be able to pursue a “constructive discharge” claim even after resigning
• Documenting harassment before quitting strengthens your case significantly
• You can recover damages similar to wrongful termination cases
• Consulting an employment attorney protects your rights and clarifies your options

What Is Constructive Discharge and How Does It Relate to Sexual Harassment?

Constructive discharge, also called constructive dismissal or constructive termination, occurs when an employer creates or permits working conditions intolerable to the point that a reasonable person would feel compelled to resign. Under California law, this is legally treated as if the employer terminated you.

Sexual harassment can create the foundation for a constructive discharge claim when it makes your work environment unbearable. Examples include:

• Persistent unwanted sexual advances or comments from supervisors or coworkers
• Retaliation after reporting harassment to Human Resources
• An employer’s failure to address known harassment despite your complaints
• Severe or pervasive harassment that interferes with your ability to perform job duties

Courts recognize that employees shouldn’t have to endure illegal working conditions. When sexual harassment becomes so severe that resignation is the only reasonable option, the law provides remedies.

How Can You Strengthen Your Constructive Discharge Case?

Building a strong case requires deliberate action before and after resignation. The following steps can significantly improve your chances of success:

Document everything thoroughly:

• Keep detailed records of harassment incidents, including dates, times, locations and witnesses
• Save emails, text messages and other written communications
• Document any physical evidence, such as inappropriate gifts or notes
• Record how the harassment affected your work performance and mental health

Report harassment through proper channels:

• File formal complaints with Human Resources or management
• Follow your employer’s harassment reporting procedures
• Keep copies of all complaints and the company’s responses
• Note if your employer failed to investigate or address your concerns

Gather witness testimony:

• Identify coworkers who witnessed the harassment
• Obtain written statements when possible
• Maintain contact information for potential witnesses

Taking these steps demonstrates that the harassment was real, severe and unaddressed by your employer.

What Legal Options and Damages Are Available After Constructive Discharge?

If you can prove constructive discharge due to sexual harassment, California law entitles you to pursue compensation similar to wrongful termination cases. You may recover:

• Back pay: Wages and benefits lost from the time of resignation until resolution
• Front pay: Future earnings you would have received had you remained employed
• Compensatory damages: Compensation for emotional distress, mental anguish and other non-economic losses
• Punitive damages: Additional damages designed to punish particularly egregious employer conduct

In some cases, you may also recover attorney’s fees and court costs. However, getting your actual job back is less common. Most successful constructive discharge cases result in financial compensation rather than reinstatement.

Why Should You Consult an Employment Attorney?

Constructive discharge cases involve complex legal standards and significant evidentiary burdens. An experienced employment attorney provides critical advantages:

• Case evaluation: An attorney assesses whether your situation meets the legal threshold for constructive discharge
• Evidence gathering: Legal counsel knows what documentation strengthens your claim and can help obtain evidence you might not access alone
• Procedural guidance: California employment law includes strict filing deadlines and procedural requirements. Missing these can bar your claim entirely
• Negotiation and representation: An attorney can negotiate settlements and represent you in court if necessary, maximizing your potential recovery

Protecting Your Rights After Workplace Sexual Harassment

Sexual harassment should never force you out of your job. If unbearable conditions left you no choice but to resign, California law recognizes your right to seek justice through a constructive discharge claim. The Law Offices of Jeannette A. Vaccaro PC is committed to helping employees throughout California navigate these complex cases and pursue the compensation they deserve. Contact us today to review your situation.