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.
Contact a Southern California Personal Injury Lawyer
The Southern California Personal Injury Lawyers at Khashan Law represents clients injured by dog bites, car accidents, workplace accidents, accidents on another’s property, medical malpractice, and wrongful death cases. If you think you may have a personal injury case, please do not hesitate to seek the expert legal assistance you need to make things right. It costs nothing to call us, costs nothing for a consultation, and costs nothing to get us started looking out for your rights if we agree that you have a solid case.
Unexpected and unfortunate things happen to good people. Our caring legal professionals are here to help you recover the financial payment you deserve so you can get on with your life. Remember, all legal fees are based on a percentage of the award, and you pay nothing for our services until we win your case. We have three conveniently-located offices in Southern California.
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If you are an accident victim who has been injured in a vehicle accident, in a slip and fall accident at some business or facility, or injured by the negligent and wrongful conduct of others, and need answers to your questions or to find out what your case is worth, please call us today at (951) 461-2387 for a free, confidential consultation. Or if you prefer, fill out our Contact Form. A lawyer or staffer from Southern California Personal Injury Lawyers will call as soon as possible you to schedule an appointment.