When Employees Are Forced To Quit Their Job In California
Employers know the gravity of California wrongful termination claims. So, what do they do?
They might not fire you, but they'll ensure you have a terrible time at work. So much so that they won't have to terminate you—they'll wait until you quit.
Let's look at the California employment laws regarding employees who are forced to resign and how you might approach them.
What Is The Legal Definition Of "Forced To Quit" In California Labor Law?
Constructive wrongful termination is when an employee is subjected to hostile work environments that leave them no option but to quit. The term "constructive wrongful termination" refers to situations at work that cause an individual to resign.
The hostile working conditions must be on an equal footing with the employer's actions that constitute wrongful termination. Here are some examples:
Employees who have experienced severe sexual harassment on a regular basis may have had to put up with unbearable working conditions, which justifies their resignation.
Employees who experience severe racial or disability harassment may also be entitled to leave their jobs.
Workers subjected to unsafe working conditions may have endured terrible conditions, which is grounds for resignation.
Employees whose wages are not paid on time (or at all).
Workers are being compelled to perform illegal tasks (i.e., lying to the IRS about taxes, being forced to cover up potential OSHA violations, etc.).
Of course, hostile work environments are not limited to the examples above. If you need help parsing out potential grounds for a lawsuit against an employer, consult with a prescreened Los Angeles Employment Lawyer. Experienced Employment Attorneys in Los Angeles are familiar even with constructive termination cases. They can help advise you on the best legal actions to take.
Is It Difficult To Sue Your Employer After You've Quit?
California labor laws are comprehensive, so there are several potential reasons to sue your employer. Labor laws have ensured employees' rights are upheld, giving them a chance to fight back and be compensated should an employer attempt to violate their rights.
That said, some attempts of filing lawsuits against an employer are more challenging than others. While there needs to be ample evidence for wrongful termination or retaliation claims, proving a hostile work environment might need more care and an airtight case to succeed.
That said, this doesn't mean you don't stand a chance. Experienced California Employment Lawyers can help you prove your claim even after quitting your job.
How Much Can You Get For Suing Your Employer?
Successful employment law claims will often result in some form of compensation for the plaintiff. The most common of these awarded damages are monetary in nature, but they can also be reinstitution to your previous job position.
Your monetary damages may include the following:
Economic damages, such as loss of income, back pay, and other potential economic losses caused by the adverse employment action.
Non-economic damages, including emotional distress.
Punitive damages for particularly egregious cases where the employer needed to be "made an example of" or "taught a lesson". This is often to dissuade the defendant and other employers from doing the same thing again.
That said, the damages you'll receive depend on the severity of the employment law violations. You want to make sure to consult California Employment Lawyers to get the best possible outcome.
What To Do Before Quitting Your Job In California
If you're still debating whether you should quit or not, we advise you to speak with a Los Angeles Employment Lawyer first. However, you don't want to skip possible crucial steps that might help preserve your California wrongful constructive termination later.
Important: You Need To Send A Notice Before Quitting
You might not be able to sue if you get up and leave without informing the proper levels of management of the unacceptable working circumstances. But unfortunately, there might be cases where management isn't aware of what's happening, and employees need to allow them to fix workplace problems.
Here are a few ideal conditions that would affect your case:
It is not permissible to quit your work and file a lawsuit for job loss based on your current employment condition.
Your ability to sue for leaving your employment may not be justified by the circumstances at work.
You may not have enough evidence to prove wrongful constructive termination in California.
Additionally, very few workplace issues that upset you are sufficient grounds for quitting your employment legally.
Again, this isn't to say that quitting immediately means you have zero grounds for a lawsuit against an employer. To help you navigate the procedure of being able to resign and sue or leave and apply for unemployment benefits, you will need experienced Employment Attorneys in Los Angeles.
What About Employer Retaliation After Resignation?
Retaliation is defined as an adverse employment action as a way to try to "get back at" an employee. For example, if you reported your boss to OSHA and they cut your pay for this reason, then it is considered an act of retaliation in California.
Some former bosses will get out of their way to retaliate against a former employer. One of the most common cases is actively foiling your employment. If you cannot find or keep a job because your former employer is sabotaging you, then it might be considered an adverse action.
That said, this case is often challenging to prove. Therefore, you'll need a Los Angeles Employment Lawyer who can help you investigate, gather evidence, and build a strong employment law claim.
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