You cannot bring a plausible lawsuit alleging constructive discharge if you did not actually resign from your job at some point. That said, many plaintiffs in wrongful constructive termination cases did, in fact, stay on the job for a material amount of time after the intolerable conditions began. This fact, by itself, will not necessarily prevent you from showing that you were the victim of wrongful constructive termination. California courts recognize that many people need their jobs to survive and can force themselves to tolerate intolerable working conditions for a shockingly long time. Courts also recognize that it is often preferable for employees facing unfair behavior from their employers to try first to change their situation from within, rather than promptly resigning and suing. Thus, under California's wrongful constructive termination law, you will not automatically disqualify yourself from a successful wrongful constructive discharge suit if you remain in your job for some period of time after the intolerable conditions begin. That said, the longer you remained in your job after the difficult working conditions began, the harder it will be for you and your wrongful termination attorney to show that the conditions were intolerable enough to amount to constructive termination.