When employers cannot fire a person outright, the next best thing is to make that employee quit. Through various tactics, management can make the workplace or the job itself so unbearable that the person resigns or simply stops coming to work. The employer can then say the person “voluntarily” left the company.
If you were forced to quit your job because of an employer’s discrimination, harassment, retaliation or refusal to make accommodations, you still have rights. You may be able to sue for wrongful termination based on the employer’s underlying motivation for denying your employment rights or creation of a hostile work environment.
The lawyers of California Employment Counsel, APC, have experience representing clients in “constructive discharge” lawsuits. We are effective at connecting the dots between your protected actions or protected status and the employer’s illegal reprisal.
Free Initial Consultation · No Recovery, No Attorney Fee
In general, we advise people to stay on the job to document mistreatment and the employer’s response. But we understand that continuing to work sometimes becomes too stressful or “toxic.” Our experienced employment law attorneys can assert your rights if you were forced to quit your job. We work to show that you were targeted for illegal reasons such as:
- Whistleblowing on illegal activity
- Filing a workers’ compensation claim
- Reporting sexual harassment or discrimination
- Taking family leave or personal medical leave
- Requesting disability accommodations
- Getting pregnant
For example, we represented an employee whose autoimmune disorder made commuting and working a regular day implausible. She felt she had no choice but to quit after the employer denied her request to work from home. The employer did have a choice — to make reasonable accommodations in accordance with state and federal law.
Did you sign a severance agreement when you left? Employers sometimes try to cover their tracks and cover their bases with a buyout and a waiver. We can examine whether your compensation was fair and whether an “agreement” signed under duress equates to wrongful termination.
If you resigned or left because of intolerable conditions or an employer’s disregard of your employee rights, we can discuss your legal remedies. Contact us online or call us at (714) 462-8376 or toll free at 866-545-2415 to arrange a free consultation. We represent employees in Orange County and throughout Southern California.