Many people are excited at the prospect of a new job, and most do not predict it will lead to anything but income and perhaps some satisfaction at work well done. People do not usually expect for their employment to lead to litigation. However, as any employment lawyer could attest to, sometimes the unexpected happens and a lawsuit becomes the best chance at justice. When employers violate the rights of their employees, they open themselves up to potentially severe legal repercussions. Of course, even the most sincere, wronged employees might not win their case if they cannot provide evidence for their claims. For that reason, it is vitally important to get things in writing whenever possible. The following list provides some of the best reasons to do this, and the accompanying examples should demonstrate the potential significance of the advice.

1. Written complaints go a long way
   When something objectionable happens in the workplace, such as discrimination or sexual harassment, the number one thing employees can do to protect themselves from it happening again is to file a formal complaint. Employers should have policies laying out how to navigate the complaint process, and they must have a way to go around the immediate supervisor in case that person is the problem. Of course, the hope is that an official grievance will lead to a satisfactory resolution, but when that is not the case, the written complaint will serve as evidence that the employee notified the employer, meaning the employer can be held responsible for not addressing the issue. The following example illustrates this idea:
   Kyle works for a paper company. His supervisor, Thomas, has always been a little inappropriate at work. One day, Thomas makes a sexually explicit joke about Kyle’s fiancée. Kyle does not find this funny and lets Thomas know, but Kyle’s reaction seems to encourage Thomas’ behavior. Kyle files a formal complaint with human resources about these jokes. A human resources employee speaks with Thomas, but his behavior does not change. Kyle talked to a sexual harassment lawyer and files another complaint and, again, Kyle continues to suffer Thomas’ crude jokes as nothing changes. Kyle hired a sexual harassment attorney and files a sexual harassment lawsuit against the paper company and his multiple written complaints help convince the judge that the company is liable.
   Also important to note is that, though it may seem intimidating to file a complaint at work, employers cannot legally retaliate against an employee for doing so. If an employee is fired for making a complaint in good faith, the employer can be sued for wrongful termination. In these cases, it is clear how the written complaint is useful for the wronged employee.
2. Contracts can be oral but they probably shouldn’t be
   When being hired for a new job, employees should generally try to make sure that their employment contract is in writing. This practice is so common that many people may not know that contracts not in writing can actually be legally binding. However, oral or other unwritten contracts can and do occur. Of course, they are much more difficult to manage when it comes to breaches of contract. While not impossible to sue for breach of contract with a non-written contract, it is much easier, legally speaking, to win a breach of contract as an employee when the contract was written. An example of this can help demonstrate the significance:
   Rosalie works as an internal decorator. She decides to take on a new client who wants their new house decorated in a particular style. Rosalie consults with an employment attorney and writes up a contract that specifies the terms of their agreement, including the kind of work she will do and the payment she will receive. Her employer, Kris, signs the contract and Rosalie begins working. Rosalie begins to decorate the place in the requested rustic style. However, Kris tells her he has changed his mind, that he wants it decorated in a modern style. Rosalie has already done significant work in the rustic style and lets Kris know that it is too late to change his mind. Kris is angry but allows Rosalie to finish. However, he then refuses to pay Rosalie because he claims she did not do what they had agreed upon. Rosalie speaks with an employment lawyer and ultimately, Kris is required to pay Rosalie for her work thanks to the terms of their written contract.
3. Emails summarizing important meetings might be even more important later
   Another good habit for employees to get into is to recap oral meetings via email so that there is no confusion later about what was said. This habit can come in handy in the event of disputes, like in the following example:
   Valencia just exited a meeting with her boss, wherein she was congratulated for being a good leader and handling conflicts professionally. Valencia immediately sends an email to her boss, recapping what they discussed, including that she should continue to handle conflicts in her department as she had been doing, by following formal procedures. Months later, Valencia talked to a professional wrongful termination lawyer then she is in the midst of a lawsuit against her employer for wrongfully terminating her after she notified authorities of illegal activity her company was engaging in, namely fraud. The defense tries to say that she was fired not for whistle-blowing, but for being too aggressive with her subordinates during conflicts. The defense points to the incident that precipitated that meeting she and her boss had months ago, claiming that she was reprimanded for being too aggressive in conflict resolution. Valencia does not recall this and checks her records to see what really happened. Fortunately, she has a record of that email sent to her boss after the meeting noting that she was handling conflicts well, and the defense’s argument fails to convince anyone.

These are just a few of the reasons to get things in writing when it comes to work. Hopefully, the notes and emails and complaints will never need to be used as evidence in a lawsuit, but in case the unthinkable does happen, these written records may prove to be extremely valuable. For anyone who has been wronged by an employer in some way, whether through breach of contract, discrimination, wrongful termination, or something else, an experienced labor attorney can help.

Can an employer force you to resign? or is it legal for an employer to force you to quit?

If your boss fires you for an illegal reason, you can assume you should call a wrongful termination attorney to discuss a potential suit against the organization for wrongful termination at the very least, but what if you were forced to resign? Being “forced to quit” or “forced to resign” at first blush sounds a bit out of the ordinary. What does it mean to be forced out of your position, and if you were forced out, do you still have a claim against your ex-employer?  Usually, if an employee finds themselves in this kind of situation, he or she may bring a claim for wrongful termination and or breach of employment contract which came out of an employee’s forced resignation.  Below are five things you may not have known about being forced to quit.
 

• Being forced out of your job is an actual thing
• Were you pressured into quitting or resigning?
• It’s based on an objective standard
• Where is the line drawn?
• “I quit” doesn’t necessarily mean no claim

Let’s start from the top:
 

1.  Being forced to resign and out of your job is an actual thing

 
                Being squeezed out of your employment by your employer is a thing; it’s called “constructive discharge.”  Constructive discharge arises in situations where an employer actively tries to make the particular employee’s employment so unbearable that they are forced to resign or retire, which may be a reason to sue for wrongful termination and or breach of their employment contract. 
 
                In order to pursue a claim against an employer for construct discharge, an employee would need to prove it is more likely than not that their employer purposely made the employee’s work conditions unbearable or the employer knew the conditions were unbearable and did nothing to cease further occurrences.  Again, this is something a wrongful termination lawyer should analyze in order to decide whether there is a potential claim.

2. Were you pressured into quitting or resigning?

                What factors are taken into account in deciding if an employee really was constructively discharged? Although not an exhaustive list, there are certain features an Employment Attorney will consider in deciding if an employee was constructively discharged.  The features include a reduction in rank, a decrease in pay, a decrease in job responsibilities, harassment, including sexual harassment or harassment based on a protected class, and causing extreme humiliation, all of which amounts to forcing the employee to quit.
 
 

3. It’s based on an objective standard

 
                In deciding whether an employee was constructively discharged, the behavior of the employer is observed from an objective standpoint, not subjective. This means the employer’s acts are judged based on what a reasonable employee in that particular position would have found to be intolerable work conditions, not what the particular individual may find to be unbearable. The rationale is to avoid the allowance of overly sensitive employees to make claims but it also does not allow employers to escape a forced resignation lawsuit even if a particular employee is more tolerant than most.
 
                Keep in mind that in applying the objective view, even if the reasonable employee would find certain treatment to be upsetting or disappointing, those feelings are not enough to amount to an unbearable work environment.
 
                An employment lawyer will be able to apply the reasonable person standard to your situation and tell you if a reasonable employee would likely find the circumstances unbearable.

4.  Where is the line drawn?

                “Intolerable” or “unbearable” working environments are usually measured by how often the acts in question occur. For example,  the more frequent the conduct or harassment, the more likely it is considered insufferable. Also, employment law will likely classify a work situation as “intolerable” if it is abnormally antagonized. For example, Pam worked at a retirement home as a nurse. For several months, her boss had been continuously transferring her to different positions, placing her under the supervision of other employees who were less qualified than she was and also much younger.

Often, her boss would violently scream and torment her in front of other employees to the point where she could not get her work done because it was so distracting. Finally, Pam was forced to resign from her position because the constant disruption of being transferred as well as harassed daily was intolerable. Here, because the acts were continuous over an extended period of time, Pam’s Labor Attorney may be able to file suit against her employer for constructive discharge.
 
 

5.  “I quit” doesn’t necessarily mean no claim

                It would seem rational to assume that if an employee quits their job, they can’t turn around and sue their boss but that’s not always the case.  An employee quitting may be the end result of their employer’s behavior towards him or her in the workplace. If an employee decides to quit or resign due to the way in which they have been treated by their employer, under the forced resignation law the resignation may be classified as a termination. For example, George, an agent at a real estate company made a complaint to his boss about illegal practices conducted by the company. After he made the complaint, George was demoted to a lower-paying position and was forced to move his desk into the break room.

This put George at an extreme disadvantage on many levels, and above all, he felt humiliated, ultimately leading him to quit. Here, George was entitled to make a complaint about illegal practices at the workplace. Therefore, the demotion and moving his desk to the break room may all be forms of retaliation. George may also show he was constructively discharged because he was subjected to the demotion and lower pay, and his demotion was put on display for the whole agency to see in the break room. A discrimination attorney may be able to decipher whether George has a claim against his employer.
 
                Although it seems like an employee may not have a claim against their employer because they quit their job, depending on the circumstances he or she may be classified as “fired” regardless. If the employer subjected the employee to an unbearable work environment, the employee must consult a legal professional.  An employee who suspects they are heading toward constructive discharge should contact an employment attorney to discuss the facts of their case.

Can a company make you resign in California? or what is it called when you are forced to quit your job?

Can a company force you to resign? California law recognizes constructive firing (also known as constructive discharge or constructive dismissal). This is when an employer creates or knowingly allows such inhospitable conditions for employees that the worker feels no choice but to resign.

What should you do if you have to resign?

These are the steps you should take if your company made you resign.

1. Take a look at the alternatives. …
2. Ask about the options. …
3. Ask if you can renegotiate your resignation. …
4. Understand your benefits. …
5. Get a recommendation. …
6. Consider the situation an opportunity. …
7. Find out if a claim can be made.

What can I do to make my boss resign?

An employer may request that an employee resign voluntarily rather than being terminated. … Companies cannot force employees to quit. A company that is trying to avoid firing an employee can make it difficult for the employee to stay in their current job in the hope that the employee will eventually leave.

If you resign, can you sue for constructive disqualification?

If an employee resigns because their employer has seriously violated their employment contract, they can file a constructive dismissal claim. Examples include not receiving the agreed amount of pay without good cause.

How can you prove forced resignation?

Reports from co-workers about instances in which you were discriminated against because of the behavior of certain employees or your employer are one of the best forms of evidence.

Is forced resignation equivalent to being fired?

The employee decides to quit his or her job. This is often called quitting. The employer may terminate the employment. This is also known as being fired, terminated, or laid off.

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Since 2017, “me too” has become an increasingly familiar term (and hashtag), one used to spread awareness of sexual harassment and assault, problems that are alarmingly widespread. By some estimates, over eight in ten women have experienced sexual harassment at some point in their lives (e.g., Stop Street Harassment). The “me too” movement encourages victims of sexual harassment or assault to come forward about their experiences in order to show the public just how pervasive these issues are in society. Proponents of the movement want to start a discussion, and they have succeeded in doing so on a national and even international level to an extent not previously seen. Fortunately, the idea of “me too” evidence has long been a part of the discussion in employment law.

In law, “me too” evidence refers to evidence that other people have experienced similar behavior as the plaintiff. Both federal law and California law allow for certain kinds of “me too” evidence in employment litigation. Such evidence helps establish things like motive or intent. In California, “me too” evidence may be more likely to be admissible thanks to cases like Pantoja v. Anton. The plaintiff, Lorraine Pantoja, sued for race and sex discrimination, and sexual harassment. She reported that her supervisor touched her inappropriately, as well as said and requested inappropriate things. Pantoja wanted to include the testimony of women in similar positions who had experienced similar things working under the defendant. In that case, it was ultimately decided that the “me too” testimony was admissible even though Pantoja had not personally witnessed how the defendant harassed the other women. The court decided that the evidence was useful to show that the defendant had discriminatory intent. Of course, this is not the only example where “me too” evidence is helpful in employment law.

The following list will show a few ways in which “me too” evidence can be useful, particularly in cases concerning sexual harassment and discrimination.

1. When one offender harasses multiple people

“Me too” evidence can be used in cases involving one harasser repeatedly engaging in actions that can be classified as sexual harassment. Such evidence is useful in a lawsuit because it goes towards establishing that there is a pattern of illicit behavior by the same person. Take the following hypothetical scenario as an example:

Maria has worked for several years as a physical therapist at a hospital. Recently, she was transferred to a different department. She has found herself very uncomfortable around her new supervisor, Jerry, who occasionally touches her inappropriately and makes jokes that she feels are demeaning to women. Maria is not sure what to do at this point and contemplates quitting. She mentions to a coworker what she’s been experiencing and it is brought to her attention that several other women in the office feel the same and have experienced similar behaviors from their supervisor, Jerry. Maria tells Jerry to stop his inappropriate behavior. Two weeks later, she is fired for ambiguous reasons.

In this scenario, if Maria decided to file a lawsuit claiming sexual harassment and unlawful termination, the testimony from other women in her place of work could bolster her case. The “me too” evidence, in this case, would help to demonstrate that Maria indeed experienced harassment due to her sex. The testimony of other women in her workplace also helps because Maria did not get the chance to file a written complaint to human resources about Jerry. When it comes to potential lawsuits, when possible, getting things in writing is ideal. Of course, that is not always possible and in such cases, it is helpful to have “me too” evidence.           

2. When the employer fails the employees

In the previous example, the potential plaintiff (Maria) and the other women in the office had qualms about the same person, their supervisor. However, that is not the only scenario in which “me too” evidence can be helpful.

In the workplace, employers have a responsibility to their employees that includes taking measures to prevent or stop sexual harassment. An example may best illustrate this idea:

Alex is an accountant at a large law firm. He dislikes his coworker David because David often tells him or shows him things that make him uncomfortable. For example, David often goes into detail about his dates and sexual activities with other people. Alex has asked David to stop, but David laughs it off, so Alex ultimately files a complaint with human resources. Unknown to Alex at the time, several other people who work at the company have filed complaints about a hostile work environment in the past few years, but nothing productive has been done to mitigate the threats. Alex is disappointed that, despite his complaint, nothing is done and David’s behavior does not change.

In this example, David could file a sexual harassment lawsuit against his company for failing to take action when notified of employees harassing their coworkers. More to the point, his lawsuit would have a greater chance of success because of the “me too” evidence, that is, the past written complaints of other employees. Even though the harasser varies in this case and is not necessarily an employer, the problem is that the company has failed to protect their employees from sexual harassment, so the “me too” evidence is still pertinent. Moreover, it does not matter that David did not know about the other complaints to human resources at the time; that is still evidence that can potentially be used to strengthen his case.

This example is reminiscent of the seminal California case of Weeks v. Baker & McKenzie (1998), wherein evidence that the employer was aware of an employee’s tendency to engage in harassing behaviors was ruled to be admissible. This evidence helped move the case to victory for the plaintiff, as it was deemed that the employer had not taken the proper steps to impede sexual harassment in the workplace.

3. When discriminatory intent is unclear

A third scenario in which “me too” evidence can be helpful is in cases of discrimination. In particular, such evidence can be very helpful in cases without clear evidence of the employer’s discriminatory intent, which is often difficult or impossible to gather. An example best illustrates this kind of case:

Viviane has worked as a salesperson at a car dealership for the past fifteen years. She has a good sales record and has only ever had a few write-ups for minor things. Most of her coworkers who have been there as long as she has have been promoted to more senior positions, which are more prestigious and include better pay. She does not understand why she has not been given the same opportunity and is bothered that there are so few women in leadership positions at his company, so she asks her boss about it. Unfortunately, her boss tells her they have no available senior positions. A few months after this, a male coworker who has worked at the dealership for five years is promoted to a senior position. Four women besides Vivian had been there longer than five years and had good sales records but had been passed up for the promotion.

In this example, the “me too” evidence is the four women other than Vivian who were in similar positions and had been denied promotions that were then given to less experienced male colleagues. This evidence helps show that what Viviane experienced was not idiosyncratic to her and was likely not because of Viviane as a person or worker but rather due to her gender. While no one at the company ever explicitly made any discriminatory remarks, these actions taken together help establish a pattern of events that can be most likely attributed to discriminatory intent.

Evidently, there are many ways in which “me too” evidence can be used to help bring people to justice. While such evidence is not admissible in every case, it is worth looking into if you have experienced similar situations to the ones described here. If you think you may have experienced sexual harassment or discrimination in your workplace, if it has resulted in loss of employment, a wrongful termination lawyer can help you decide what to do next.