Legal Question in Employment Law in California

Constructive Wrongful Termination

my performance was failing and I was being told daily if they can not find another position for me then they would have to terminate me. Which made it very difficult for me to come into work. I told my supervisor that maybe I should quit just to see what she would say and she stated well we are trying our best but if you want to quit then that's fine. I told her that I would like to take a personal day to think about it and I would call and let her know. I called her the next day and told her that I was not going to quit but if they wanted to fire me then that would be fine,she at that time told me that she was trying her best to find me something and that she would call me back.She called me back that evening and told me that they are going to drop me down from a 60 to a 53 and that they are going to cut my pay down from making 26,520 to 21,000.I felt as if I was forced to quit so I did. I feel that I was treated unfairly. Also, for the position that they were trying to put me in my hours were terrible.They wanted me to work 9 to 5 Mon-Wed and they also wanted me to work Sat from 12:15 t0 8:00 and Sun from 3:15 to 11:00.I need help!


Asked on 5/20/03, 11:12 am

1 Answer from Attorneys

Re: Constructive Wrongful Termination

Provided there is no illegal reason (e.g. race or sex discrimination) an employer can cut your pay and change your hours. You should be aware that if you quit without a good reason, you may disqualified from receiving unemployment benefits. In the case you described, I do not think you can prove contructive termination.

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Answered on 5/23/03, 11:56 am


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