Can I be fired for constructive termination?

No, constructive termination is not the same as being fired. Constructive termination occurs when the employee is forced to resign or retire due to the employer's actions or conditions of employment.

How do I prove constructive termination in California?

To prove constructive termination, you will need to show that the employer's actions or conditions of employment made it unreasonable or impossible for you to continue working. You will need to provide evidence to support your claim, such as documents, witness testimony, or other forms of evidence.

What remedies are available if I win a constructive termination claim in California?

If you win a constructive termination claim in California, you may be entitled to damages, including lost wages and benefits, emotional distress damages, and attorneys' fees.

Can I bring a claim for constructive termination if I quit my job?

Yes, you may be able to bring a claim for constructive termination even if you voluntarily quit your job. However, you will need to show that the employer's actions or conditions of employment made it unreasonable or impossible for you to continue working, and that you had no choice but to resign or retire.

How long do I have to file a claim for constructive termination in California?

In California, you generally have two years from the date of the constructive termination to file a claim for damages. However, the time limit may be shorter or longer depending on the specific circumstances of your case.

California Constructive Termination | State Bar Lawyer Referrals