Newport Beach Constructive Discharge Lawyer
If your employer made working for them a living nightmare in order to get you to quit, you might be able to file a constructive discharge claim against them. It is unlawful for employers to use discrimination or retaliation against employees in any circumstance. A Newport Beach constructive discharge lawyer at The Garza Firm will go over your case to determine if you have a viable claim on your hands.
What is Constructive Discharge?
Constructive discharge occurs when an employer makes an employee’s working conditions so intolerable, either due to discrimination or retaliation against the employee, that it forces the employee into quitting their job. An employer might attempt to create such a hostile work environment because they want the employee to quit without having to provide severance pay. However, by filing a constructive discharge claim against your employer for doing this, you can recover lost pay and other damages.
The Three Main Elements of a Constructive Discharge Claim
Millions of people have horrible bosses. Unfortunately, there is not much the average person can do about this. They cannot quit their job and file a constructive discharge claim to recover lost future pay and other damages. In order to qualify for constructive discharge, the following elements must be true:
- Your employer’s harassment created a hostile work environment that would have made a reasonable person quit their job.
- You actually quit your job (and were not terminated).
- Your employer’s hostility was motivated by discrimination or retaliation. Also, if the employer’s hostility was due to discrimination, you must be a member of a protected class.
Examples of a Hostile Work Environment
There are countless ways in which an employer can create a hostile work setting to “get even” with an employee, force them to quit, or impose their racial or other prejudices on their employees.
- Derogatory racial remarks
- Racial slurs
- Sexual harassment
- Physical violence
- Other actions that cause a strong feeling of unwelcomeness
Discrimination occurs when an employer makes an adverse employment action based on an employee’s race, color, religion, national origin, age if over 40, sex, sexual orientation, pregnancy status, disability, or genetic information. A hostile work environment can arise from an employer’s prejudice, making it impossible for a reasonable employee to continue working there.
Employers are prohibited from retaliating against employees for participating in whistleblower claims, filing workers’ comp claims, filing discrimination and harassment claims, refusing to participate in illegal activities, or participating in investigations involving their employer’s wrongdoing. If your employer retaliated against you, such as demoting you or docking your pay, and you quit as a result, you could be able to file a constructive discharge claim.
Call a Newport Beach Constructive Discharge Lawyer Today
You should not have to put up with working in a hostile work environment. Nor should you be forced to quit your job and suffer the economic hardships that follow. To take action against the unlawful behavior of your employer, we urge you to contact a Newport Beach constructive discharge lawyer at The Garza Firm today at 949-570-8350 to schedule a free case evaluation.