Sometimes, working conditions are so awful that people quit their jobs and subsequently file wrongful termination lawsuits against their employers. These workers might not be aware of the power they give to their employer when they voluntarily leave.
In general, it’s highly challenging for employees who leave their jobs to file a lawsuit for wrongful termination; in such cases, the individual must demonstrate that the employer purposefully made work miserable in an effort to induce the employee to leave. Constructive discharge is what we call this. Keep reading to learn more or call PLBH now at (800) 435-7542 to request a free legal consultation.
California Wrongful Termination
When an employer purposefully makes working conditions so unpleasant that an employee is forced to resign, this is known as a constructive discharge. A constructive discharge must be proven by the employee by showing:
- The employee’s resignation was brought on by behaviors and circumstances that were against public policy.
- A reasonable person in the employee’s position would have resigned if these acts and conditions had continued at the time of the employee’s resignation.
- Evidence indicating the employer was aware of the unacceptable behaviors and their effects on the employee, and that action might have been taken to correct the problem.
It is not sufficient to merely call something “intolerable” in order to invoke the constructive discharge theory. For instance, while a pay cut may seem “intolerable” to the employee, it is not “intolerable” enough under California law to warrant constructive termination.
Additionally, a promotion or shift reassignment by themselves do not fit that criterion. A distinction must be made between unjust and illegal treatment. Additionally, a worker cannot quit their job and subsequently file a claim for wrongful termination or retaliation due to isolated incidents of abuse or harassment.
The Action That May Meet This Description Is Restricted by The Necessity That It Violate Public Policy
An ongoing pattern of discrimination over a number of years, including discriminatory promotional exams, denial of training opportunities, being held to a higher standard of performance than other employees of different races, and denial of assignments that might have led to advancement, are among the situations that have been deemed to constitute a constructive discharge.
Lawsuit for Unlawful Termination and Retaliation
The only way an employee who engages in such conduct may quit and yet be entitled to recover damages for wrongful termination or retaliation is through constructive dismissal. Punitive damages, which are monies awarded to the mistreated employee to penalize the employer, are sometimes included in these cases. The same justification holds true for workers who leave their jobs and apply for unemployment benefits, which are not available unless the worker can demonstrate constructive discharge.
Settlements for Wrongful Termination Retaliation
It’s risky to base a potential lawsuit on the premise of constructive discharge. You cannot file a claim for wrongful termination or retaliation after resigning if you don’t meet the requirements.
Don’t make rash, ill-informed judgments that could jeopardize your ability to receive financial compensation. To help safeguard your future possibilities and avenues for redress against your employer, our employment law experts in California are happy to chat with you about these concerns. Call PLBH now at (800) 435-7542 for a consultation.