Sometimes, an employee will quit and then threaten to sue the employer for terminating their employment. You may be asking yourself: how can an employee sue you, the employer, for wrongful termination when the employee quit? Under certain circumstances, an employee can sue for constructive termination. The doctrine of constructive termination is intended to prevent an employer from intentionally engaging in improper or unlawful conduct, intended to force an employee to quit. As the California Supreme Court has explained a constructive termination occurs when the employer’s conduct effectively forces an employee to resign. However, fear not, generally, the employee would be required to show that there was a continuous pattern of extraordinary and egregious conduct prior to the resignation. A single negative act or an isolated incident, normally, would not suffice.
It is important that you make sure you have policies in place to prevent environments that create hostility, harassment, discrimination, and/or have avenues for your employees to address those same issues, or report concerns or make complaints about your workplace, in a safe and comfortable environment without fear of retaliation. To learn more about what policies and procedures your business should have in place to protect your employees and your company from a harassment free workplace, or if you have not updated your policies recently, contact Chauvel & Glatt’s Employer Lawyers.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-881-3021. (Photo Credit: depositphotos.com.)