Constructive Discharge and Escalating Discipline in California Workplaces

Akopyan Law Firm, A.P.C. Insights Team2026-02-09T04:05:30-08:00

📌 Key Takeaways Escalating discipline after a disability-related event or a request for reasonable accommodation can become important evidence in a constructive discharge evaluation for California workers. Discipline patterns can matter. If an employer begins issuing repeated write-ups, imposing performance improvement plans (PIPs), or changing schedules after an employee discloses a disability or requests a reasonable accommodation, those actions may become relevant to later legal claims. Timing can support an inference. When an employer starts serious discipline soon after an employee requests to engage in the interactive process, the employee may later allege the timing supports disability discrimination or retaliation. Unequal enforcement can be evidence. If an employer disciplines an employee with a disability for minor conduct that similarly situated co-workers without disabilities do not get disciplined for, that inconsistency may support an argument of selective enforcement. Medical restrictions should be addressed. If an employer receives documented medical restrictions but keeps quotas or performance standards unchanged—and then disciplines the employee for failing to meet those unchanged standards—the employee may allege a failure to accommodate or a failure to engage in the interactive process. Workplace statements can increase pressure. Comments by a supervisor suggesting the employee should “move on” or find “something less physical,” when paired with escalating discipline, may be alleged as pressure to resign rather than a good-faith effort to solve the problem. When disability-related disclosures, escalating discipline, and suggestions to leave begin to align, the paper trail—write-ups, PIPs, schedules, evaluations, emails, and texts—may matter as much as the resignation itself. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Not every job ends with a direct termination. In some cases, an employee resigns and later alleges the employer effectively forced the resignation by creating or allowing intolerable working conditions. That allegation is commonly described as constructive discharge. In plain terms, constructive discharge generally refers to working conditions that are alleged to be so intolerable that a reasonable person would feel compelled to resign—and the employee does resign because of those conditions. The analysis is usually fact-specific. It often turns on what the employer did, when it happened, what the employer knew, and whether the employer addressed the problem when it had the opportunity to do so. In disability-related situations, constructive discharge allegations often involve patterns that develop over time, such as escalating discipline, shifting expectations, and communications implying the employee is no longer a fit after the employee discloses a disability or requests a reasonable accommodation. How Performance Management Typically Works in Hourly and Physically Demanding Jobs In workplaces such as construction, warehousing, manufacturing, retail, food service, landscaping, and delivery, performance management often involves multiple tools rather than a single annual review. For example: A supervisor may hold a verbal warning or “coaching” meeting about speed, accuracy, safety, attitude, or attendance. An employer may issue written warnings for safety violations, timekeeping mistakes, or policy violations. An employer may use attendance point systems or strict call-in rules that trigger... Read more