Legal Question in Employment Law in California

Constructive Discharge-Rescind Resignation

I think I have a case of Constructive Discharge with Intentional Infliction of Emotional Distress Tort. I was bullied into a coerced resignation of a management position I loved. The bully was one of two female bosses. She most likely targeted me because I had proven to be very competent and well-liked and she was neither. There was a ''pattern'' of the behavior during my 10 month employment period. I tried to rescind my resignation immediately after quitting and have asked twice since with denial. March 19, 2003 will be a year since the resignation. I had a nervous breakdown and subsequent depression and have just recently become mentally sound enough to pursue further action. I am looking for a case study(ies) in which an employee in my situation was reinstated to the position. I found one on the web in which the judge really scolds the employer and reinstates the woman after a 2-year absence, however it was in Canada. I found several California cases where the employee was awarded high dollars in damages....but I want my job back. Are you aware of any such cases or know how I can research successfully? Any ideas or suggestions?


Asked on 2/16/03, 5:34 pm

1 Answer from Attorneys

Re: Constructive Discharge-Rescind Resignation

Unless illegal (racial, age ...) harassment was behind the 'bullying' you face an uphill battle. First, you must prove that you were not an at-will employee. Second, you will need to prove that no reasonable person would have stayed. Both of these are much easier said than done.

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Answered on 2/24/03, 2:31 pm


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