Law Offices of Louis Spitters

Constructive termination -- what is that?

California residents who have worked for employers that made being at their jobs intolerable, resulting in them ultimately quitting, may just think that they were with companies that were not a good fit for them. Maybe that is true or maybe the employer purposely made working conditions awful in the hopes that certain employees would quit, making firing them unnecessary. This is called constructive termination and it is illegal.

Constructive termination is actually a form of wrongful termination under California laws. If a person quits because his or her working conditions are terrible and it is determined that his or her employer created such working conditions, the state will ignore the resignation and consider his or her loss of employment a firing. If it is possible to prove an employer's conduct was unlawful, the former employee may achieve compensation for his or her resulting losses.

As with all legal cases, certain elements must exist in a constructive termination case for the claim to be successful. In fact, in the state of California, there are two elements that an employee must prove. These elements are:

  • The work environment was so bad it compelled the employee to resign.
  • The employer had knowledge of the poor working conditions or intended to force a resignation.

Not everyone finds their work environment satisfactory. That is not what constructive termination is about. This form of wrongful termination is about employers crossing a line. California residents whose working conditions led to their resignations can turn to legal counsel for assistance determining if their employers crossed any lines. After a case review, if deemed appropriate, legal counsel can help one seek compensation for any damages sustained as a result of the loss of employment.

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Law Offices of Louis Spitters
96 North 3rd Street
Suite 500
San Jose, CA 95112

Phone: 408-780-1920
Phone: 408-293-0463
Fax: 408-293-9514
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