4 Ways You May Become a Victim of Wrongful Termination

Wrongful termination is where an employer fires an employee for an illegal reason. Some illegal reasons may be if an employer fires an employee based on an employee belonging to a protected class or if an employee reports illegal activity. There are many ways in which an employee may experience wrongful termination, but many of the ways are motivated by discrimination.  Below are four examples of ways in which an employee may become a victim of wrongful termination and in some situations, the termination is fueled by discrimination.

1. Age is just a number

Even though life expectancy has increased over the years, employees over a certain age are still targeted for age discrimination.  In California, employees who are over the age of 40 are a protected class. This means an employer cannot mistreat an employee because he or she is over the age of 40 years old. An example of this would be if a boss urged their employee whom recently turned 50, to retire.  Upon the employee’s refusal, the employer found a phony reason to fire the employee. This may be an example of age discrimination as well as wrongful termination.

2.  White men can’t jump

Although we can all laugh freely at the 90’s film White Men Can’t Jump, now that we approaching 2019, it is not something we can joke about in the office.  In California, a person’s race is considered a protected class.  This means that if an employee is being picked on, singled out, or mistreated because of their race, it is considered as unlawful behavior.  If an individual is fired based on their race, this is considered as wrongful termination.

Wrongful termination based on race is not found where an employee was fired for a work-related reason, but because the employee was of a certain race could claim wrongful termination.  That’s not how the law works. The claim for wrongful termination based on race has to be found on the very basis that this individual was fired because they are a particular race.  For example, Linda who identifies as Hispanic experienced constant teasing from her boss for her accent as well as frequent poor performance reviews based on bogus reasons.  Eventually, Linda was fired for her “numerous poor performance reviews”.  Here, Linda may be able to make a claim for wrongful termination based on race.  Her boss’ teasing in combination with baseless poor performance reviews may point towards her boss singling Linda out based on her race.  Other factors may assist Linda’s claim such as if Linda was the only Hispanic employee at her job and/or that other Hispanic employee in the past who were fired or who were teased for their accent.  So here, because Linda was fired potentially because of her accent, even though the official reason was for her poor performance review, she may be able to sue her employer for wrongful termination as well as discrimination.

But what if we slightly changed the facts of the above example and let’s say Linda had been coming into work late every day and had received several verbal and written warnings regarding her tardiness.  In that set of facts, it may be argued by Linda’s employer that she was fired based on her constant tardiness rather than race.  Here, it would be difficult for Linda to claim that she was fired because of her race.

3.  Blow the Whistle

“Blow the Whistle” is a throwback that is gladly embraced for any good dance party, yet Too $hort didn’t mention the dark side to actually blowing the whistle on your employer.

It can be a brave but scary task to report something shady that is going on at work.  In California, there are laws in place to protect whistleblowers.  A whistleblower is an employee who reports certain illegal activities or practices that are going on at their place of employment. These laws provide a shield to employees from particular types of retaliation an employer may attempt to invoke in their position of power. For instance, if an employee had first hand-knowledge of their boss only firing the men and replacing them with all female employees, the employee may be able to report this with the protection of the law.  In this example, the employee would be reporting their boss exercising illegal termination and hiring practices.

Keep in mind that although whistleblower laws are in place to protect disclosure of illegal activity, it may not stop the employer from retaliating.  The laws are there to tell the employer what they can’t do while also giving the wronged employee the right to make a claim against the employer after the fact.  Whistleblower cases can be complicated, but with the direction and skill of an employment lawyer, an employee may be able to utilize the law for protection.

4.  Cripple, Handicapped, Challenged

Cripple, handicapped, challenged, these are all insensitive and politically incorrect labels used to describe a person who may have or is perceived to have a disability.  Employees with certain disabilities, whether it is permanent or temporary, are a protected class.  In other words, an employee who is picked on, singled out, demoted, denied employment benefits, or fired based on their disability, may have a claim for disability discrimination and/or wrongful termination and he or she can contact to a wrongful termination lawyer for a free consultation.

Employers are required by law to make adjustments for an employee’s disability so as the employee can perform their duties at the workplace. These adjustments must be reasonable as far as costs and the ability for the employer to actually be able to make the adjustment.  For example, an employee may request to work certain shifts such as only shifts in the daytime because the employee’s vision is impaired. Here, it may be considered a reasonable and feasible adjustment for the employer to schedule the particular employee to only work day shifts.

Each case is distinctive in its facts and must be determined on a case-by-case basis.  Depending on the paperwork that was provided to the employer regarding the disability as well as the extent of the request for accommodation, an employee may have a claim against their employer

For more info please look at these articles:

5 Employees who are Targets of Discrimination and/or Wrongful Termination
5 Important Questions about Disability Discrimination and Wrongful Termination

5 Disabilities that May Be Protected By Employment Law

Disability discrimination is where an employer refuses to acknowledge your impairment as a disability and treats you adversely based on your disability.

The type of company you work for, the number of coworkers you have, your type of disability, and the nature of your claim, will factor into which legislation may assist you in protecting your job. As legislation at the State, as well as Federal level, progressively, recognize certain impairments as a type of disability, the more employees with these disabilities are given job protection.

Did you know that employees with a disability have numerous rights?  Not only do these particular employees have rights, but also there are a set of rules that the employer must comply with in terms of accommodating the employee’s disability.  But what exactly is considered as a disability in the eyes of the law?  Is ADD considered a disability?  What about being an addict?  Or what about some conditions that are not indefinitely a physical or a mental disability such as chronic fatigue?  Is an employee with a sexual dysfunction protected under employment law?

1. Cosmetic Disfiguration?

An employee who has a cosmetic disfiguration may be categorized as having a disability. One particular piece of legislation identifies certain individuals as having a disability if he or she has an existing impairment. An existing impairment pertains to physical and/or mental deficiency that immensely restricts the individual from primary life activities. A cosmetic disfiguration would fall under the physical category.  So if an employee has a cosmetic disfiguration that limits their ability to perform life activities but can carry out their duties at work or can carry them out with reasonable accommodation, an employer must provide those adjustments.  Should an employer refuse to make reasonable adjustments for the employee, or fires the employee because they request the adjustments, that employee may have a claim for disability discrimination as well as wrongful termination.

2. Alcoholism? 

If your boss fires you based on the fact that you were an alcoholic or you are currently in recovery, you may have a claim for wrongful termination and disability discrimination.

Alcohol abuse is an addiction that many Americans struggle with today.  What seems to perpetuate the problem is when former addicts try to put their lives back together but can’t seem to live down their old habits.  An employer who treats an employee adversely based on the fact that he or she is a former alcoholic may be liable for discrimination.  For instance, if an employee suffers from particular health issues or a disability that was created by a prior addiction to alcohol, the employer must accommodate the employee within reason.  Some factors may be taken into consideration such as if the employee has been or is currently participating in a rehabilitation program or is attending a rehabilitation program and has not consumed any alcohol or drugs for a substantial amount of time.   Also, if an employee needs to take time off to receive medical treatment from a rehabilitation facility, the employer may not be able to terminate the employee for taking that time off.  For example, if an employee disclosed to their boss that he or she needed to take a period of time off to participate in drug rehabilitation, the employer might be liable if they fire the employee based on taking the time off.

The circumstances of this particular issue are crucial in determining whether or not an employer has discriminated against an employee.  It is essential to keep in mind that an employee is not automatically protected from being fired just because he or she was a former addict or that he or she has enrolled in a particular drug-treatment center.  An employee must show that he or she has been free from use for an extensive amount of time as well as the reason for mistreatment was based on the fact that he or she either was an addict and/or requested time off for treatment.

3. Sexual Dysfunction?

Under the particular legislation, in order to be considered as an employee who has a disability, it must be shown that he or she has an actual physical impairment. Remember that it may be essential to establish that the employee’s condition is debilitating in such a way that it may restrict them from a major life activity.

While it has not been ligated many times, sexual interactions may be characterized as a major life activity, thus a sexual dysfunction may be measured as a disability.  If the sexual dysfunction arises from an employee’s poor mental health, this may provide evidence to support he or she indeed has a legally recognized disability.

4. Obesity?

Whether or not obesity is considered a legally recognized impairment is an ongoing debate, but it is not totally ruled out. Factors to be taken into consideration would be what body of law the claim would fall under, possibly the cause of obesity, and the percentage of access weight in comparison to the average weight.  There have been some cases that did consider obesity to be impairing where cardiovascular issues were the source of obesity. But again, depending on the particulars of an employee’s case, obesity may be considered a protected disability in which an employee would be considered a victim of discrimination should he or she be terminated because of their diagnosis.

5. Mental impairments?

As mentioned previously, there is specific legislation in place that recognizes certain physical and mental impairments as a disability.  There is a variation of mental impairments that are recognized such as learning disabilities like dyslexia and attention deficit disorder.  Depression is also recognized in certain cases as well as obsessive-compulsive disorder.  There are also some conditions that may be recognized yet can neither be categorized as mental or physical such as chronic fatigue.

There are several mental impairments that may be acknowledged and protected under certain legislation; it mainly comes down to the individual’s circumstances and the facts of their case.  Again, in certain situations of mental impairment, the employer is obligated to make reasonable adjustments for an employee at the workplace.  Should an employee with a mental impairment find themselves being treated adversely based on their mental impairment, they may have a discrimination claim against their employer.

For more info please contact a wrongful termination lawyer same as Stevens & McMillan Employment Lawyers

More Articles about ADA and disability discrimination at the workplace:

• How The American Disability Act (ADA) has protected disabled workers?
• How ADA Can Protect Millions of American lives
• 4 Things an Employee Should Know About Filing a Disability Discrimination Claim
• 5 Important Questions Asked about Disability Discrimination and Wrongful Termination
• 5 Ways an Employer May Be Liable For Disability Discrimination
• 6 Nuances of Disability Discrimination Law in California
• 8 Things You Need To Know About Disability Discrimination
• 8 Main Disability Discrimination Questions
• 9 Things Job Hunters With a Disability Should Know

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.

While most whistleblower cases do not make headlines, some of them do because of the scope of wrongdoing found or the fame of the businesses or people involved. Whistleblower laws protecting people who report wrongdoing from retaliation are critical to ensuring that citizens concerned with truth and justice continue to come forward to expose unethical and illegal activity that harms the public. Here are some of the most famous whistleblowers who have effected positive change in the United States.

• Jeffrey Wigand
  Jeffrey Wigand was the Vice President of research and development at Brown & Williamson Tobacco Co., the nation’s third-largest tobacco company. Given his position, Wigand had important access to the production goals and scientific data of the company. He was fired subsequent to arguments with the CEO about tobacco ingredients. Then, on February 4, 1996, he appeared on the show 60 Minutes and declared that Brown & Williamson had intentionally changed its tobacco blend to make their cigarettes more addictive, which was shocking at the time and concurrent with top tobacco executives testifying to Congress that cigarettes were not addictive. Moreover, Wigand alleged that he was fired because of this knowledge. Unfortunately, he was only punished further after actually exposing Big Tobacco, as he had to contend with a smear campaign, unfounded lawsuits, and ensuing family troubles, not to mention death threats. Wigand is now credited with being the most important witness in successful tobacco reform lawsuits and his story was portrayed in the film The Insider. Since blowing the whistle (or, as he prefers to see it, telling the truth), Wigand has been trying to reduce the number of young people using tobacco through his non-profit, Smoke-Free Kids, and seems pleased with the positive influence he has had on so many people.
• Sherron Watkins and Cynthia Cooper
  Like Wigand, Sherron Watkins was a Vice President at a big company, Enron Corporation. She testified before the U.S. House of Representatives and the Senate regarding her ignored warnings to Enron’s CEO at the time, Kenneth Lay, about accounting inconsistencies in financial statements and ultimately exposed serious corporate misconduct.
  Similarly, Cynthia Cooper exposed significant corporate misconduct when she told the board of WorldCom that the company had covered up $3.8 billion in losses by falsifying the bookkeeping. Both Watkins and Cooper paved the way for corporate law reform, including several laws regulating large corporations and bolstering protections for corporate whistleblowers. In recognition of their efforts and impact, Time magazine named them People of the Year in 2002.
• Colleen Rowley
  Colleen Rowley was also awarded Person of the Year in 2002 for her actions exposing FBI mishandling of information regarding the 9/11 attacks. Rowley testified to the Senate about huge problems facing the FBI and the intelligence community in general. Specifically, she brought to light how mishandled information and failure to take action regarding a suspected terrorist may have left the U.S. vulnerable to the 9/11 attacks the year before. Her testimony led to a major reorganization in the FBI. Since then, she has permanently retired from the FBI after 24 years of service, has run for political office, and has spoken publicly about ethical decision-making in her writing and blogging.
• Mark Felt AKA “Deep Throat”
  Mark Felt, known for a long time as simply “Deep Throat” to maintain anonymity, was instrumental in unearthing the Watergate scandal that brought Nixon’s presidency crashing down. The scandal started when Felt was the Associate Director of the FBI with five men being arrested for breaking into the Democratic National Committee headquarters. Felt leaked classified information to Washington Post reporters Bob Woodward and Carl Bernstein that described how the Nixon Administration was involved and how they covered it up. This ultimately resulted in Nixon’s resignation. Felt’s identity remained secret for 30 years until his daughter convinced him to reveal his identity to the world when he was in his 90s. Felt published two memoirs, The FBI Pyramid and A G-Man’s Life. The FBI released his personnel file in 2012, several years after his death.
• Frank Serpico
  Frank Serpico is famous for exposing pervasive, systematic police corruption within the NYPD (and for being played by Al Pacino in the 1973 film Serpico). Initially, Serpico reported internally to police investigators, but then reported to the New York Times. Following that, the mayor ordered an investigation of police corruption, which ultimately led to huge changes within the NYPD. Not long after the news of corruption broke, Serpico was shot in the face under suspicious circumstances that led some to believe his colleagues wanted him dead. There was never a formal investigation, however. Serpico later spoke about people who seek truth and justice “even in the face of great personal risk,” calling them “lamp lighters” instead of whistleblowers. In 2017, he stood up for Colin Kaepernick, who was protesting a culture of police brutality, and said, “I am here to support anyone who has the courage to stand up against injustice and oppression anywhere in this country and the world.”
• Bunnatine “Bunny” Greenhouse
  Bunnatine “Bunny” Greenhouse was a chief contracting officer for the U.S. Army Corps of Engineers. She exposed fraud and abuse related to Kellogg Brown & Root’s self-dealing, as she strongly objected to the secret contract that would grant KBR a five-year no-bid contract, a no-competition contract as the invasion of Iraq was about to begin. Her objection was ignored, and later Greenhouse agreed to testify before the Senate about the corrupt contracting environment. Right before she did, the Army Corps warned her against it, but she was undeterred and went on to discuss the abuse relating to the Restore Iraqi Oil contract awards. This testimony led to legislation prohibiting such abuse and the Army declared they would not award any more “Sweetheart Contracts to KBR.” The Army Corps then retaliated against Greenhouse by removing her from her position and taking away her top-secret security clearance, as well as giving her unwarranted negative performance reviews and taking other adverse employment actions. Greenhouse hired a wrongful termination lawyer and filed a lawsuit alleging racial and gender discrimination in addition to unlawful retaliation and eventually, in 2011, settled for $970,000 to cover lost wages, compensatory damages, and attorney’s fees. She hopes for better protections for federal worker whistleblowers, saying that “integrity in government is not an option, but an obligation.”

Evidently, sometimes exposing unethical or illegal behavior can be met with significant challenges, but it can also have a big impact on the world. Employees who are not sure about their protection under the law should contact an employment attorney to discuss the details of their situation. Moreover, those who have been retaliated against for protected activity should talk to an employment lawyer to figure out how they can get restitution.

While individuals who serve in the military often make great sacrifices for their country, many people do not seem to understand or appreciate their service. Oftentimes, veterans struggle to readjust to civilian life, which is only made harder by being discriminated against in the employment sphere. Fortunately, the law is on your side if you are a veteran returning to civilian employment life. In California, veteran status is a protected class under the Fair Employment and Housing Act (FEHA) and consequently, veterans are afforded the same anti-discrimination protections afforded to people who may suffer from discrimination based on their race or color, sex or sexual orientation, national origin, or age, among other characteristics. For employers, this means being attentive to potential discrimination red flags in the workplace. For veteran employees, understanding your rights is the key to being able to defend them. For those who find the following examples familiar and believe an employer to have discriminated against you, contact an employment attorney to discuss your options.

1. Refusal to hire based on actual or perceived military status or affiliation

   
   Under FEHA, an employer cannot refuse to hire someone due to belief or knowledge that the person is a veteran or member of the military, or even that the person is associated with a veteran or member of the military. Personal biases do, however, make their appearance when it comes to some employers, and that can lead to an otherwise qualified veteran being unemployed. Beyond the moral implications of that kind of behavior, it is important to think about the legal ramifications. Employers can get into a lot of trouble for refusing to hire veterans, as they should. However, sometimes it can be difficult to prove discrimination in hiring. Moreover, sometimes people do not even realize they are being discriminated against. Let’s take a look at an example to get a sense of what a discrimination case of this nature might look like:
   Pedro was just honorably discharged from the military and is now looking for a job in the San Francisco area. One job he applies to invites him for an interview. During this interview, he feels everything is going well for a while and his interviewer, Darla, even tells him he seems like a great fit for their workplace. However, when Pedro mentions something about being in the Middle East, his interviewer is curious about what brought him over there. Pedro tells her he was deployed there. When he says this, Darla seems surprised. Soon, they finish the interview. Afterward, Darla reports to the manager about the applicants they have had, and she insists she likes Pedro best, noting that he was a veteran. The manager, Louis, tells her not to hire him because “those military guys can be a real handful,” and he alludes to problems like PTSD that many veterans face.
   Here, Darla could report her manager for discriminating against Pedro based on his veteran status. She might be too scared to report Louis, but reporting criminal violations is a legally protected act and it is illegal for Louis to retaliate against her for doing so. If Pedro suspected anything, he could also sue Louis, but it is difficult for him to know that he is not being hired because he served in the military. From his perspective, it could be any number of things. He did not hear what went on behind closed doors. Unfortunately, sometimes that does happen. Ambiguity in discrimination cases is jumped on by defendants but even circumstantial evidence can be very helpful for the victims to use against them.

2. Denial of accrued benefits like vacation time

   
   Employers must treat employees in similar positions the same when it comes to compensation or terms, conditions, or privileges of employment. They cannot treat employees differently in these ways based on veteran status. An example illustrates how an employer might discriminate in this way:
   Leah recently returned to civilian life after serving as a medical doctor in the military. She plans to return to work in the hospital she was employed in before her service. She reapplies promptly and is rehired because she is protected under federal law for reemployment. A few months after returning to this job, Leah’s significant other proposes to her and she accepts. They decide to plan for a simple wedding at home and a honeymoon in Hawaii. When Leah requests to use the vacation time that she accrued with the hospital over the four years she served, her boss tells her she cannot take time off work “again” until after she has been back for longer. Leah does not know that the law requires her to have the same vacation time she would have had if she had not served in the military and had continuously been employed by her civilian employer. Hence, she accepts her employer’s statement and tries not to be disappointed that she cannot enjoy her honeymoon anytime soon. Later, Leah learns that she is accumulating vacation days at a slower rate than her colleagues in similar positions. These colleagues are not members of the military or veterans. When Leah inquires about this, she is told that she already has more benefits than her colleagues thanks to her veteran status so she should not worry about it.
   In this scenario, Leah’s employer appears to be doing multiple things wrong. Federally, if Leah qualified for reemployment, then she also qualifies for her benefits to having accrued as if she had not gone on military leave. Her employer should not be denying her vacation time that she accrued during her service. Second, her rate of accrual of vacation leave should not differ from her colleagues just because she receives veteran benefits. Providing unequal privileges or terms of employment to an employee based solely on their veteran status is considered unlawful discrimination, and Leah’s employer could get into trouble if Leah hires a wrongful termination lawyer and filed a lawsuit for discrimination.
   Veterans have enough challenges to face without needing to suffer discrimination at the hands of prejudiced employers. If you have been discriminated against because of your military service, know that you are not alone. An experienced employment attorney can stand with you and help you fight back against your transgressor.

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.

From suing a dry cleaning service for losing a pair of pants to filing for the return of a kidney, people today will sue for the craziest things.  In order to sue for all of these wacky claims, there needs to be a lawyer to take it to court. There are so many lawyers out there today who specialize in particular types of law in order to represent a multitude of lawsuits.  However, while people are busy suing over strange things, most seem to forget that there is an entire body of law that helps those who have been fired or mistreated at work.  Employment lawyers are the type of lawyers who uphold and protect the rights employees have at work or even individuals applying for jobs. Below are 3 types of situations employment lawyers may handle.

Discrimination

In the great state of California, employees and individuals applying for jobs have the right to not be discriminated against.  To be more specific, employees and job applicants who can say they belong to a protected class cannot be mistreated or denied employment benefits or opportunities for belonging to that class.  Some examples of protected classes included race, age, gender, sexual orientation, disability, pregnancy, and religion.  For example, Fred, an employee at an ice cream manufacturing company, recently was injured in a biking accident.  Fred’s initial job at the company was to operate the machine that sealed the lids on the ice cream tubs.  Although he was injured from his accident, he was still able to operate the machine as long as he was permitted to take a sitting break every 3-4 hours, per his doctor’s recommendation.  When Fred provided the documents from his doctor explaining the adjustment he would need to continue working, his boss Ned refused to allow Fred to return to the company. Whenever Fred called Human Resources or emailed Ned regarding his return, he was told the work roster was “full”.  After being denied work for two months, Fred was finally let go by the company.  Normally, in California, the company does not need a reason to fire Fred because California is an at-will state.  Here, because Fred has a temporary disability from his accident, he is considered to belong to a protected class.  Ned, as well as the Human Resources Department refusing to allow Fred to work because of his disability, may be considered as disability discrimination.  This is a type of case that Fred could seek the guidance of an Employment Lawyer. 

Sexual Harassment

Sexual harassment cases can be tricky because the majority of cases are based on behavior that was directed at an employee who did not want the behavior directed towards them.  The experience and expertise of an employment lawyer are needed to examine the facts of a case to identify what behavior may constitute as sexual harassment.  Basically, certain behavior can become categorized as sexual harassment when it is “unwanted” or “unwelcome”.  For example, Kelly, an employee at the headquarters of a media-services provider, had been working at the company for three years.  A few weeks ago, a new manager Greg was hired to manage Kelly’s team.  Kelly began having issues with Greg once he started hugging her every chance he could.  He would hug her whenever he saw her; upon her arrival, in the break room, at meetings, and even once in the elevator.  Once, Kelly tried to avoid one of Greg’s hugs and later that day Greg did not choose Kelly for a project that was promised to her the previous month.  Denying Kelly this opportunity meant missing out on a pay increase and a chance to enhance her job experience.  This demonstrated to Kelly that unless she allowed Greg’s physical affection, she was going to be punished.  Here, although the facts do not mention whether these hugs were sexual or if Greg was even romantically interested in Kelly, nonetheless the behavior was unwelcome and made Kelly feel uncomfortable.  The fact that following a rejection of one of his hugs, Greg took Kelly off of a project, we can infer that Greg may have retaliated against Kelly, sending the message that if she refused his physical affection she would be denied employment benefits.  Kelly would likely need to report the issue to another manager or Human Resources or she could also call an employment lawyer to discuss what her next step should be.

From inappropriate touching to crude jokes, certain actions can be considered as sexual harassment and may be deemed unlawful in the workplace.  More specifically, not only is it unlawful, but an employer is responsible for enforcing a zero-tolerance policy for particular types of harassment that involve sexual harassment. Within reason, an employer is expected to take certain measures to ensure that the workplace is free from being susceptible to sexual harassment. For instance, an employer should arrange sexual harassment prevention seminars for their employees in order to educate staff on what behaviors are appropriate and which may be unwelcome and/or offensive. 

Wrongful Termination

Wrongful termination means that an employee was fired for an unlawful reason. Wrongful termination can cover a multitude of situations in the workplace.  One example of wrongful termination may be found where an employee reports illegal activity occurring at their workplace.  If the employee reports the issue and is then fired, it may be inferred that the employee was fired for an unlawful reason.  Another example of wrongful termination may be if an employee requests to take a medical leave due to pregnancy or a medical condition.  Also, if an employee is fired for having a disability, for requesting accommodation for their disability, and/or for taking time off for their disability, that may constitute as wrongful termination.  Lastly, another example of wrongful termination may be if an employee makes a complaint about being sexually harassed or discriminated against. 

Some lawyers may handle some wacky cases, but employment lawyers are there to protect the rights of employees across California.