2061 REVIEW DENIED Under an at-will employment contract, a wrongful constructive discharge action cannot be maintained on a breach of contract theory, but if the termination was motivated by discrimination based on plaintiff's actual or perceived sexual orientation, an action may be maintained for wrongful constructive termination in violation of public policy; in a claim of wrongful constructive discharge, a question of fact exists as to whether the reasonable person in the employee's situation would have felt that working conditions were so intolerable that there was no choice but to resign.CitationKOVATCH v CALIFORNIA CASUALTY (Sexual Orientation) 65 CA4 1256 [See: LabC 1102.1(a); Leibert v Transworld 32 CA4 1693, T/AT 4/95; Turner v Anheuser-Busch 7 C4 1238, T/AT 8/94]
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