Los Angeles Employment Lawyer

Constructive Discharge

Suppose that you are a longtime employee of a company. You show up to work on time, perform your job dutifully, and conduct yourself professionally throughout the day. One day, you arrive at work and discover that your supervisor has suddenly demoted you, cut your wages, and moved your office to another building. Shocked, dismayed, and angry, you decide that, as a reasonable person, you cannot stay in your job any longer – so you quit.

Now what? You have no job, you’re ineligible for unemployment, and you can’t shake the feeling that something has gone seriously wrong.

Here’s the good news – what happened in this scenario is a form of wrongful termination known as constructive discharge, and you are entitled under the law to bring legal charges against your employer to collect restitution for his/her illegal actions.

Basics of Constructive Dismissal

Constructive discharge occurs when an employee is forced to quit or resign his position by the unreasonable, outrageous, and/or unfair conduct of his employer. In these situations, the employee is considered to have been wrongful dismissed, even though he was the one who left his job.

Though the distinction between distasteful conduct and unlawful conduct may sometimes be vague, examples of employer behavior that may be evidence for a charge of constructive discharge include:

• Sudden, unjustified demotion of an employee
• Refusing to pay employee his/her wages
• Sabotage of employee’s work and projects
• Subjecting the employee to humiliation or harassment

Proving an accusation of wrongful termination using the constructive dismissal doctrine requires the efforts of an experienced attorney. To discuss your case with Los Angeles employment lawyer Perry Smith, call 888-356-2529 today.