There are times when working conditions become intolerable hence you decide to quit. The resolution to quit can be brought about by many factors. For instance, you may face discrimination or other forms of harassment which endanger your life hence you decide to quit. When you resign from your place of work, there are benefits as well as others which you will forego. But, for the case of quitting due to intolerable working conditions, you are treated as if you were dismissed without your choice to resign.

Constructive discharge in California

It is a situation when you quit or resign your job due to unfavorable working conditions which you are subjected to. Some employees can subject you to illegal working conditions which force you to quit. The act of quitting your job due to unfair working conditions is referred to as constructive discharge. The situation is treated as if you were fired because your employer made you to quit due to subjecting you to unbearable working conditions.

How to prove you were forced to quit

For you to prove to the court of law that you were forced to quit hence you deserve compensation, you can used the following ways to prove your case:

Prove you were subjected to illegal working conditions

If you were subjected to conditions such as sexual harassment or incidences where you were punished as retaliation due to complaints you raised in your workplace, then you deserve to be treated as a case of constructive discharge.

Continued mistreatment

If you notice some form of mistreatment in your workplace, then you need to report to your boss or department head. If the head of the department does not act and the mistreatment continues, then you can quit and file a case under constructive discharge.

Intolerable mistreatment

If the mistreatment was intolerable to an extent where your only left option was to quit, then you can file a case after you leave the work place due to intolerable working conditions.

Quit because of the mistreatment

If there is a male coworker who is making sexual advances to you and you are not comfortable, you should ask him to stop. If he persists, then you need to report the matter to your boss. Give the boss some time to act on the issue but if weeks and months pass but without any change, then you can resort to quitting the job and file for constructive discharge so that you can access damages from your employer.

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Firing an employee might be hard for many employers as it might result in claims for unlawful termination if not well executed. It is important that the employer knows the rights which the employee, who is about to be, fired has. The employee equally needs to know of their rights during and after being terminated from work. In California, there are various regulations that guide how the firing of an employee should be done.

There are frequently asked questions revolving firing of an employee which this article seeks to address.

Can I fire my employee for no reason?

The California federal law requires that an employer gives the employee reasons as to why they want to terminate them. Despite having the “at-will” general rule which gives the employer rights to hire and fire for almost whichever reason they have, the federal antidiscriminatory law prohibits an employer from firing an employee due to their race, sex, age, disability, religion, national origin among others.

Within what time should I give the employee his last paycheck?

In California, the law provides that the employer is to pay the fired employee all sums owed immediately upon termination of the employment. The amount must include accrued vacation time. If the employer delays in making the payment he will face a penalty.

Am I liable to pay a severance package?

The answer to this question is no. However, if the employer had promised the employee a severance package or had made it an office custom to pay a severance package to an employee who is being terminated then they are liable to pay that amount. If an employer voluntarily considers making a severance pay they can make the employee waive any rights to bring a lawsuit against them on matters relating to the termination.

Can I give reference to a new employer?

Yes. An employer can if they wished to. If he has a great reference to make then that will be for the benefit of the employee. However, an employer is not supposed to talk ill of the former employee out of holding a grudge against them. If he has a negative reference to make they must be based on actual events to avoid being sued for defamation.

Should I seek legal advice before firing an employee?

It is not a requirement under California law. Nonetheless, it is advisable for an employer to get legal advice from an expert before terminating an employee. This is to ensure that he does it in a rightful way thereby avoiding any possible lawsuit.

In conclusion, it is evident that both the employer and employee need to know the laws relating to firing an employee in the state of California. This is important so as to avoid lawsuits that might arise after an employer fires the employee which might lead to financial loss.

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Severance pay and severance agreements are always a relevant topic no matter what part of the country a person might find themselves in. In this regard, California is a state where severance pay is not required under the acting law. But, for anyone who is in this type of a situation in California, there are still options that could result in severance pay given by a company to an employee. Here are the commonly asked questions about severance pay in California.

1. Being Entitled to any Form of Severance Pay

In those cases where an employee is there by their own will (so-called “at-will employee”) and if the working arrangements are to be stopped either because of the decision of the employer or the employee, there is no legal requirement for any form of a severance for the employee. This is the foundation of the law and it has to be kept in mind by all who are in this type of a situation.

2. If there is no Legal Requirement, why do some Employers offer it regardless?

In spite of the law that does not require it, there is a range of reasons why employers still provide it. Firstly, employers that have to scale down their business chose to cushion this troubling effect on their collective by providing the layoff employees with severance pays. Then, there are situations where the employer believes that the employee could take legal action against the business. To make sure this does not happen, severance pay could be handed out in exchange for an avoidance of any possible litigation. When a severance pay is accepted, the process acts as a de facto waiver of all potential claims the employees could have on the same business. This is a tried and tested way of avoiding time-consuming and costly litigations.

3. Do Employers need to Pay the Employee to attain the Release of all Claims

Generally, some form of severance pay has to be provided to the employee so that they release their claims. The same payment cannot be in the form that already has to be legally provided to the employee, including things like back pay, due performance bonuses or anything of that kind.

4. General Terms of the Severance Agreement

The severance agreements in California usually include civil code section 1542 that represents the waiver that releases all claims, both known and unknown. Aside from this, the agreement also includes confidentiality, exclusion of present or future employment, admission of liability, a return of all company property and a non-disparagement point that defines what job reference is provided to the employers.

5. What are the Special Considerations for Employees that are over 40 years old?

Those who are age 40 or older can be protected by OWBPA (Older Workers Benefit Protection Act). This Californian act offers the employees a chance to protect themselves against potential age discrimination. To make sure that the employees in this age group are provided the same protection, it is important that they consult legal counsel so that they do not lose their claim for a severance pay.

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