Forced To Quit: Is It Considered Wrongful Termination?

Workplace harassment can create an environment so toxic that leaving becomes the only option. If you were forced to quit your job due to harassment, it may be considered wrongful termination. In California, employees who leave their jobs because of a hostile work environment may have the right to take legal action. The law protects workers from being pushed out of their employment due to unlawful conditions. Understanding your rights can help you take the right steps to seek justice.

What is Wrongful Termination?

Wrongful termination occurs when an employer fires or forces an employee to resign for reasons that violate the law. In cases where an employee quits because the work environment becomes unbearable due to harassment, this can be categorized as constructive discharge. Under California law, constructive discharge occurs when an employee is compelled to resign due to intolerable working conditions, including harassment.

The Role of Harassment in Forced Quitting

Harassment can take many forms in the workplace. It can range from verbal abuse and offensive jokes to physical threats or sexual advances. If the harassment is severe enough that it interferes with your ability to perform your job, it can create a hostile work environment. When the harassment is not addressed by your employer, and the situation worsens, an employee may feel they have no other choice but to leave.

If the harassment is linked to characteristics like race, gender, age, or disability, it may fall under discrimination laws. However, even if the harassment is not based on these protected characteristics, it could still qualify as wrongful termination if it creates an unbearable working environment.

Steps to Take If You Are Forced to Quit Due to Harassment

Before deciding to quit, it is important to take certain steps that can help support your case later. Document each incident of harassment, including the dates, times, and what occurred. It is also important to report the harassment to your employer as soon as possible, as required by most workplace policies. This gives the employer an opportunity to address the issue.

If the harassment continues or if you feel that reporting it does not lead to any corrective action, quitting may be the only option. However, quitting under these conditions could strengthen your legal claim, as it may be considered constructive discharge. At this point, it is important to consult with a wrongful termination lawyer to understand your legal options.

Legal Considerations and Possible Claims

Under California law, employees who are forced to quit due to harassment may be entitled to damages, including compensation for lost wages, emotional distress, and other costs related to their departure. The success of a claim largely depends on the severity of the harassment and the steps taken by the employer to address the issue. If an employer fails to take appropriate action, the employee may have grounds to pursue a wrongful termination claim.

You may also be entitled to other remedies if you can prove the harassment was so severe that it forced you to leave your position. These remedies could include reinstatement to your former position or financial compensation for the harm you suffered.

Let Sirmabekian Law Firm Help You

At Sirmabekian Law Firm, we understand how difficult it is to work in a hostile environment. If you were forced to quit due to harassment, our team is ready to help. We can assist you in understanding your rights and taking the necessary steps to pursue a wrongful termination claim. Additionally, if you have concerns about overtime pay or unpaid wages, our overtime lawyer can help address those issues as well.

Contact us today to schedule a consultation and begin your journey toward justice.