Updated: Nov 24, 2022
Sometimes, employment conditions may result in a constructive termination. Learn when constructive dismissal may apply in California workplace and how to file a claim.
When an employee feels driven to resign due to intolerable working conditions, it could be considered a constructive dismissal in Los Angeles. The courts will treat the claimant as though they were fired if the employee can establish that the working circumstances were deplorable and they had no other choice.
Here's a brief guide on constructive dismissal, which our prescreened Wrongful Termination Lawyer in Los Angeles has handled in the past.
What Constitutes a Successful Constructive Discharge Claim?
Under current California employment law, an employee must be able to demonstrate the following to prove constructive dismissal:
Working environments were so horrible that any rational person in their position would have thought about quitting
The employer must have been informed of the circumstances and still chose to ignore or encourage the hostility
Essentially, the complainant must show that the working conditions were exceedingly harsh or hostile and that any reasonable employee in their position would view quitting as the only option. Usually, it's also when the employer is aware of the hostile working environment but chooses to do nothing about it.
Individuals who work in these settings should keep track of any conversations with their bosses about their working conditions. You should also make a detailed record of your complaints by writing them down.
The court looks for a pattern of similar activity in most cases. One-time incidences are rarely considered severe enough to warrant a claim unless the employee can show that the previous occurrence is likely to lead to more. The court commonly accepts one-time incidents of violence, harassment, or pressuring an employee to commit a crime.
If such extreme circumstances don't exist, you'll need to show or prove a trend of poor working conditions. If you're concerned about obtaining evidence on your own, contact a Wrongful Termination Lawyer In Los Angeles to help you win your California Labor Law case.
When Is Your Boss Considered Liable For Constructive Dismissal?
When it comes to employer behavior, courts frequently consider the following factors:
Is the employee being forced to commit any criminal acts?
Is the employee's previous concerns about their hostile working conditions known to the employer, and are they being investigated?
What was the criminal activity that the employer committed?
How long did the employee take to resign?
Keep these guide questions in mind as you gather information to support your constructive discharge argument. If you already have any proof, give it to your Wrongful Termination Lawyer In Los Angeles so they can assist you in constructing your case.
What Doesn't Fit the Constructive Discharge Definition?
A constructive dismissal does not apply to every case of an employee quitting because of personal views about their job.
For example, being dissatisfied with your work isn't enough. You must feel like you have no other choice but to leave due to the working conditions. You must also notify your HR or manager about your current situation.
Consult a Los Angeles Wrongful Termination Lawyer to help you assess your current working conditions and determine if they qualify for a constructive discharge claim.
Is Quitting Your Job Necessary For A Constructive Dismissal Claim In California?
Some people may be concerned about getting a new job or losing their current one. However, if you are still employed in the same capacity, you will not be able to submit a constructive dismissal claim.
If you've opted to stay at your job for a little longer in the hopes of resolving problems or saving enough money to get by while unemployed, keep track of all occurrences and complaints. If the situation worsens or an unsolved problem produces additional issues, you should register a new complaint.
You have not been fired if the company still employs you. As a result, you'll have to wait until you're on your way out to file any claims. If you have any issues or worries about leaving, consult with your wrongful termination lawyer to determine the best course of action.
Consult With The Best California Wrongful Termination for Constructive Dismissal Cases
1000Attorneys.com is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened California Wrongful Termination Lawyer best fit to handle your claims. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.