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?
1 Answer from Attorneys
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.