Constructive Termination

Constructive termination

A number of employees in California are forced to quit their jobs as their workplace
conditions are so intolerable that it becomes difficult to continue working there. In such situations, California
law may not treat the employee’s resignation as quitting, for legal purposes it could be treated as constructive
termination. Constructive termination policy holds the employer accountable for the employees quitting their job, as
the employers have made the workplace so intolerable and the work environment impossible to work. This policy is
very important in determining whether the employees should receive additional compensation from their former
employer for creating a situation forcing them to quit.

Definition of Constructive termination: When an employer knowingly creates intolerable
working conditions for an employee, leaving him no option but to resign and quit the job, it is known as
constructive termination under the California law.

Constructive Termination Law in California?

For successfully filing a suit against an employer for wrongful constructive termination,
the employee must be able to prove the below mentioned two things:

  • That your employer intentionally or knowingly created intolerable and harsh working conditions for you, forcing you to quit
  • That your employer had no rights to fire you from your job without notice

Defining Intolerable Working Conditions for Constructive Termination Law:

The biggest difficulty in determining whether a resignation was a constructive termination is by proving working conditions were intolerable. Intolerable working conditions includes persistent yelling, screaming, intimidating the employee.

  • An employee being forced to quit because they complained about their legal rights.
  • An employee is retaliated against or forced to quit as he requested for a medical accommodation as a result of an injury or disability.
  • A pregnant employee being retaliated against or forced to quit as she requested for accommodating the pregnancy.
  • An employee is forced to quit shortly after they have filed for a workers compensation claim.
  • An employee is retaliated against or forced to quit after they complain about an unsafe or illegal practice being carried out at work
  • An employee’s pay, work hours, or other conditions of your work were lowered after they complain about their legal rights not being honored.

Constructive termination lawsuit requires careful understanding of all the facts and
instances which led to the resignation. If you or your family member has been a victim and gone through any of the
above mentioned situation contact us at Khashan Law at (951) 461-2387 to determine if any of your employee rights
have been violated and if you are entitled to receive back pay, lost wages, and civil penalties. Our team of
experienced lawyers at Khashan Law believes that it is the responsibility of the employers to create a tolerable
work environment for their employees. If any employee is forced to resign because of bad working conditions and
environment, contact us for a free and confidential consultation.

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