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Los Angeles Constructive Discharge Lawyer

California is an at-will employment state, which largely gives employers the right to fire employees at any time, and for any reason. Sometimes, for no reason at all. Still, some employers want to deny employees their legal rights and so, they use many tactics in an attempt to get the employee to quit their job instead of firing them. When an employer creates a hostile work environment in order to get an employee to quit, it is a practice known as constructive discharge and it is illegal.

There are many reasons employers illegally try to get their employees to quit, but none of them excuse the behavior. If you feel as though your employer has tried to get you to quit, it is important to speak to our Los Angeles constructive discharge lawyer about your case.

Reasons for Constructive Discharge

In many instances, employers fire or lay off employees without good cause in an effort to avoid paying unemployment insurance premiums. These premiums are very costly for employers and small business owners in particular, often try to avoid paying them. Employees generally cannot collect unemployment benefits if they quit their job and so, employers sometimes try to get workers to leave on their own.

Other times, employers may know an employee is going to file a discrimination claim, or take other lawful action, against them. Employers in these situations may feel that if they fire the employee, they will be subject to a wrongful termination lawsuit. They may also hope that if the employee walks away on their own, they may drop the issue and forget about taking legal action.

Regardless of the reason for a constructive discharge, the practice is never legal. A Los Angeles constructive discharge lawyer can advise on the facts of your case, and the next steps to take.

Determining if Your Employer is Preparing for Constructive Discharge

If your employer wants you to quit your job, they will take several actions before you do. Determining if your employer is preparing for constructive discharge is not always easy, but there are some signs to look for. These include:

  • Your employer has reduced your benefits or compensation, while leaving co-workers at the same level.
  • Your employer has started documenting the most minor errors and slight tardiness.
  • Your employer has suddenly started giving you bad employment performance reviews, particularly if you always received positive reviews in the past.
  • Your employer has demoted you to a position well below your qualifications and without explanation.
  • Your employer has suddenly denied you rest and lunch breaks while allowing your co-workers to maintain theirs.
  • You have been warned about being fired for a small issue.
  • Your co-workers have started tracking your activity or reporting to your supervisor about your job performance.

Our Constructive Discharge Lawyer in Los Angeles Can Provide the Legal Help You Need

If you believe your employer is trying to get you to quit your job, call our Los Angeles constructive discharge lawyer at The Garza Firm before you resign. We offer free consultations and will hold your employer accountable for making things right. Call us now at (949) 570-8350 or contact us online to speak with one of our knowledgeable attorneys.

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