If you were forced to resign for an illegal reason in California, then you may be able to file a claim against your employer. A forced resignation could be wrongful termination in some situations. In some situations, it is illegal to force an employee to resign from his or her job. Here is a closer look at forced resignation in California.
When Is My Forced Resignation Illegal In California?
It can be illegal when someone is forced to resign in California. If you are forced to resign for the following reasons, it may have been illegal:
- As an act of retaliation
- An act of discrimination or harassment
- Intolerable working conditions
Under California law, constructive termination occurs when the employer creates such intolerable working conditions that the worker feels his or her only option is to resign from their job. Wrongful constructive termination is constructive termination that occurs under such circumstances that would lead to a California wrongful termination claim if the employee had been fired.
What Is the California Constructive Discharge Law?
The California Constructive Discharge Law treats some employees that have quit the same as those who were illegally fired. If an employee is fired, they do have several rights that they do not have if they quit. Often, the following elements are eligibility to receive unemployment benefits, increased damages in retaliation or discrimination lawsuits, and the right to pursue a wrongful termination lawsuit.
Proving constructive discharge means proving certain elements apply to your claim and show that you were a victim of constructive discharge at your place of employment. You must prove the following apply to have a successful claim:
- A reasonable organization might have realized that a person in the employee’s position would be forced to resign
- Intolerable working conditions existed at the time of the worker’s resignation
- The organization deliberately created or knowingly permitted these intolerable working conditions
- The working conditions are so surprisingly negative that a reasonable worker might have felt forced to resign
Who Do I File a Claim For Forced Resignation In California With?
If you have been a victim of forced resignation in California, you need to get a claim underway with the Equal Employment Opportunity Commission (EEOC). You can do this online or over the phone. You can also file a claim with the California Department of Fair Employment and Housing online. You will need to provide supporting documentation to show why you were forced resign and that it was a forced resignation.
What a Constructive Discharge Lawyer May Be Able to Do for You
If you felt you were forced to resign in California because your employer due to discrimination, this is called a constructive discharge and is illegal. You may be able to file a claim against your employer for wrongful termination because you were forced to resign because your job had become so intolerable due to the fact your employer hadn’t tried to accommodate your disability even though in most circumstances it is required to do so.
These sorts of cases of constructive discharge can be quite complex and hard to win but a constructive discharge attorney in California may be able to help you.
To win any case of wrongful termination the lawyer may be able to help you win your claim by doing the following:
- explain constructive discharge and wrongful termination laws to you;
- gather the evidence needed to prove your case;
- help you file your case;
- show you how your constructive discharge is actually wrongful termination.
Before you request help from a constructive discharge attorney, you should check out the attorney’s payment options as they are not all the same. Some attorneys are only paid after you have won your claim, others require payment upfront, and there will be some who will ask you to pay by the hour. You need to be able to agree on the payment method before you ask the attorney to begin to work on your case.
Get Help from A Wrongful Termination Lawyer
If you have been a victim of forced resignation in California, you should enlist the help of an employment law attorney who represents California workers. Complete the Free Case Evaluation Form to share the details of your claim with an independent, participating attorney who subscribes to the website and takes cases in California. Be sure to discuss payment options with the lawyer because some do require a retainer and charge an hourly rate but there are some lawyers who will take such claims on a contingency basis.
- Filing a Wrongful Termination Claim with the California Labor Board
- Employment Law Trends in 2023
- Employment Law Attorney in California
- List of EEOC Offices in California
- What is Forced Resignation and is it Illegal?