California is an at-will employment law state, which means that an employer and employee can both end the working relationship for any reason at any time. You may have a wrongful termination case if you had to quit your job because of intolerable and unbearable conditions. Stemming from this, you should speak with an experienced employment law attorney to determine whether you have a case or not.
What Constitutes Wrongful Termination in California?
Wrongful termination occurs when an employee has to resign or is terminated for reasons that don’t merit legal protection. For instance, an employee may be fired for refusing to engage in illegal activities or have to resign because of intolerable racism at the workplace.
In addition, if an employee resigns or is fired in retaliation for reporting harassment or workplace discrimination, it might be considered wrongful termination. Employees that were wrongfully terminated may have grounds for suing their employer. You should speak with a seasoned employment attorney if you are the victim of workplace discrimination and had to resign or were wrongfully terminated. Your attorney will give you a detailed explanation of your legal rights and options.
Wrongful Termination Case After Willful Resignation
In California, you can sue your employer if you had to resign because of unbearable or intolerable working conditions. You should note that the burden of proof is higher for someone that quit their job as compared to someone that gets fired. Your attorney will need to prove that the working conditions were unbearable enough that no other reasonable person in a similar situation would continue working.
These are a few factors that may be considered to determine whether the resignation was a constructive discharge:
- Unsafe working conditions
- Illegal discrimination
- Harassment
- Violation of public policy
- Breach of contract
You may have a wrongful termination claim if you and your attorney can prove that your resignation was because of any of these factors. However, it is important to remember that every unpleasant workplace situation doesn’t amount to the level of constructive discharge.
Don’t quit your job before speaking with a formidable California employment attorney first. Your attorney will explain your legal situation and options. They will also advise you on the best course of action to take.
Proving a Constructive Discharge Claim
You would need to show the following for proving a constructive discharge claim:
- The employer’s conduct or the working environment was intolerable and that no reasonable person would continue in the position under similar conditions
- The employer was aware of the intolerable working conditions and the employee reported the conditions to their supervisor before resigning
- The employer did not fix the situation despite knowing about it and having the ability to do so
You cannot use an employer’s small incident or single incident of misconduct, such as a pay cut, unfair performance review, demotion, or workplace humiliation as a reason for constructive discharge.
Discuss a Winning Legal Strategy with our Attorneys
The attorneys at Walton Law, APC have extensive experience in helping people that have been wrongfully terminated or had to resign because of intolerable conditions. If you have been the victim of workplace discrimination or were wrongfully terminated, our seasoned employment attorneys can help you take the best course of action to hold your employers accountable. Schedule your free and confidential consultation with us today. Call (866) 338-7079 or write to us online.