California Constructive Discharge Lawyer
Gone are the days when workers stayed in their jobs for decades. Nowadays, employers are always finding ways to get rid of employees and some are coming up with creative ways of termination.
One of them is called constructive discharge, which is popular in California and the United States. Constructive discharge is another term for involuntary resignation. It occurs when an employer’s actions create an environment that is so hostile or intolerable that an employee feels they have no choice other than to resign. These situations tend to come about when an employer makes significant changes in the terms and conditions of a worker’s employment. For example, they may change job duties or schedules. The employer makes these changes in hopes that the employee will get so mad they quit. In many cases, they succeed. These situations are referred to as discharge, dismissal, or termination because the separation is technically involuntary even though it may seem voluntary in nature.
While constructive discharge is not technically illegal in and of itself, the elements involved may in fact be against the law. Learn more about what you can do by contacting the California constructive discharge lawyers from The Garza Firm. Schedule a consultation with our team today.
What is and What is Not Constructive Discharge?
Many possible constructive discharge cases have gone to court in California. These instances are not deemed constructive discharge:
- The mere existence of a legal violation in the workplace
- An isolated instance of employment discrimination
- A poor performance rating that leads to a demotion and reduction in pay
- Receiving regular criticism
- Being paid less than the employee believes they deserve
- Changing an instructor’s schedule from full-time to part-time
- Reducing an employee’s salary and changing their annual bonus
- The job the employee accepts turns out to be more difficult than what the employee expected
However, these examples could possibly be constructive discharge:
An employee is subjected to a continuous pattern of discrimination by the employer based on a protected class such as race, national origin, age, or gender
An employee is harassed, physically threatened, and not given sufficient instructions to perform their job.
An employee is subjected to multiple racial insults in just a matter of hours
An employee who had previously received only excellent performance ratings was suddenly criticized for inadequate job performance
An employer violates the California Labor Code and it results in the employee being paid less than minimum wage
Contact The Garza Firm Today
Some employers are afraid to fire employees because it would be deemed illegal, so they look for workarounds and loopholes. They may use constructive discharge to get the employee to quit on their own.
This may be illegal, depending on the circumstances. The California constructive discharge lawyers at The Garza Firm can advise you of the laws involved and help you understand the next steps. Get started by scheduling a consultation. Fill out the online form or call (949) 570-8350.