Legal Question in Sexual Harassment in California

Forced to resign because of sexual harassment

If I am forced to resign from my job because of the on-going sexual harassment, can I be considered to have been constructively terminated?


Asked on 1/08/98, 3:51 am

1 Answer from Attorneys

Bahman Eslamboly Eslamboly & Barlavi

Constructive termination after sexual harassment

In order to be considered to have been constructively terminated, you have to meet the Turner v. Anheuser-Busch constructive termination standard which provides that:

The employer either intentionally created or knowingly permitted intolerable or aggravated working conditions; A reasonable person would have felt compelled to resign in light of the employer's treatment; and A reasonable employer would have realized that the conditions were so intolerable that a reasonable person in the employee's position would be compelled to resign.

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Answered on 1/08/98, 3:51 am


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