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How Prove Constructive Termination against an Employee

By Edited Jun 7, 2015 0 0

No employee stays in a company forever. An employee usually leaves the company by resigning or getting terminated. There is nothing wrong with resignations as long as they are not triggered by discriminatory and harassment actions. However, if the employee's resignation was influenced by adverse changes in the company caused by the employer, it is called constructive termination.

While no termination happens in a constructive termination case, the employer's adverse actions toward the concerned employee have forced him to resign. Because of this, the worker's resignation is considered as an indirect termination by the employer. If you have become a victim of this employment violation and you want to file legal charges against your employer, here are some issues you need to prove:

  • The employer allowed intolerable changes at work, which affected you. You should prove that the changes your employer made was unnecessary and unreasonable.
  • The employer has intentionally or deliberately made the intolerable action. Gather enough evidence to prove that your employer instigated the plan to force you to resign from the company.
  • Your resignation is directly related to the adverse changes in the company. The implementation of the unreasonable change should be close to your resignation date. This would further reinforce the argument that your resignation was an effect of the adverse change in the company.

If you are able to prove these three factors, you can file a complaint against your employer. Getting into an employment dispute case is not an easy experience. You will need a legal adviser to handle the complicated issues in your complaint. If you become successful in your fight for your employee rights, here are some things you may obtain:

  • Reinstatement to position – You will get your former position and status at work.
  • Back pay – The employer will be required to pay for a certain percentage of your salary.
  • Punitive damages – If the actions of the employer are considered reckless, he might be required to pay for punitive damages.
  • Legal costs – This includes all the expenses of your party during the legal proceedings of your case.

Termination is a legal right that should be exercised by employers with responsibility. They should not just make sudden changes at work just because they do not like a certain employee. If an employer takes such actions against his employees, they might file a complaint with the help of a Los Angeles wrongful termination attorney.

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