Legal Question in Employment Law in California

Re: wrongful termination

if you have documented proof or evidence that the employer created a hostile work environment for the employee(s) who walked off the job, you may have a cause of action against your employer even if the employee was not "per se" terminated, but rather quit. if you have evidence or proof of the claims, contact me today and i will help you get started in your recourse and/or lawsuit. [email protected] 562-743-1357.

Re: wrongful termination

Contact your County Bar Association and request a referral to an attorney experienced in wrongful termination actions.

Re: wrongful termination

IF, IF, just cause to quit exists, then it can be treated as wrongful termination action. But unless it was 'illegal' harassment and discrimination, i.e., race, age, sex, religion, etc., the value of the case is simply your lost income. Contact me if interested in pursuing.

Re: wrongful termination

The term you will want to remember is "contructive termination." When a person walks off the job site generally the person is considered to have quit. However, under the constructive termination theory, an employee is subjected to such harrassment, unsafe work conditions, illegal/dangerous acts, etc., that it is no longer tolerable. If this is the case the law will hold the employee was terminated. If this is the case then the employee can sue for wrongful termination.

If part of this employee's claim is might possibly involve gender, race, or disability, then the employee must file an administrative charge within 300 days of the last discriminatory act with the EEOC, or within one year from the date of termination with the California Department of Fair Employment and Housing.

Also, when it comes to filing for unemployment insurance, also use the term contructive termination and explain the events which caused the constructive termination.

If you have any further questions feel free to email me. I am pretty good about answering emails within 24 hours.

Re: wrongful termination

My colleagues failed to mention that, although you asked about a lawsuit for wrongful termination, there are other issues, such as assault (making you fear an imminent harmful touching), and battery (an unconsented harmful touching). If you suffered injury as a result of the supervisor's assault and/or battery or intentional infliction of emotional distress, these may be actionable as well. Also, if your "constructive termination" was fairly recent, you might consult with a workers' compensation attorney to discuss emotional distress compensation, although these kinds of cases are almost always initially denied and take time to resolve on appeal.

Re: wrongful termination

Certainly a reasonable person in your position would have resigned (walked-off the job). Therefore you have been constructively terminated and have an action for wrongful termination, and other torts. You may have to file with the EEOC or DFEH if the treatment was discriminatory. You are entitled to lost wages, lost earining capacity, general damages and possibly punitive damages. Be aware that if your employer was a public entity that you only have six months from the date of discharge to file a claim. Please call me directly at (619) 222-3504.