Sacramento Constructive Termination Lawyer
Employers Cannot Force You to Quit
“Retaliation” is a buzz word at many offices because employers
and their legal teams know that they can pay dearly for punishing employees
for lawful practices and whistleblowing. Retaliation can lead to fines
and exorbitant amounts of damages in both private civil lawsuits and agency
actions. However, some employers do not want to continue to employ workers
who have violated their trust by reporting the company’s misconduct.
Therefore, these employers creatively attempt to get rid of the employee
by forcing the employee to quit. On the books, the termination looks clean.
However, by coercing the employee, the company has engaged in constructive
If you were forced to quit against your will for doing the right thing,
you need to seek the advice and assistance of a talented, dedicated, and
experienced Sacramento employment termination lawyer.
Contact Gay Carroll-Haring online today.
What Are Lawful Grounds for Termination in California?
California is an “at-will” employment state, meaning either
the employee or employer can end the employment relationship at any time,
with or without cause. At-will employment is not associated with an employment
contract that dictates an end date.
Termination without cause means you were laid off due to no fault of your
own. Financial strain or an obsolete position are the two most common
reasons for termination without cause. Termination with cause occurs when
you do something that violates company policy, causing you to be fired.
These causes includes sexual harassment, committing a crime, failing to
perform up to standard, and insubordination.
What Are Unlawful Grounds for Termination in California?
At-will employment does not give your employer permission to fire you on
the basis of a protected ground or for doing legally protected activity,
such as whistleblowing. If your company fires you for one of these reasons,
this is known as retaliation.
- Unlawful grounds for termination include:
- Nationality or ethnicity
- Sexual orientation
- Refusing to succumb to advances or agree to sex
What Is Constructive Termination?
Because employers are terrified of lawsuits, they try to hide their motives
by coercing the employee to voluntarily quit. If an employer has forced
you to leave your job, resign, reduce your hours, or relocate on the basis
of a protected ground or activity, the company has constructively terminated
you and cannot do this.
Sometimes, forcing you to quit can be done legally and may even be in your
best interests. If you violate company policy, your employer may do you
a favor by allowing you to resign in lieu of being fired so that you will
have an easier time of finding subsequent employment. However, penalizing
someone for a characteristic they cannot control, for refusing sexual
advances, or for reporting discrimination or harassment is illegal.
To prove constructive termination, you should gather any evidence and documents
you can, such as e-mails, voicemails, notes, reports, and witnesses that
can help you establish that you were forced to quit for unlawful reasons.
initial phone conference, call the Law Offices of Gay Carroll-Haring now at