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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4864
Experience:  Extensive experience representing employees and management
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What is the time frame from being forced to quit to filing

Resolved Question:

What is the time frame from being forced to quit to filing a constructive termination lawsuit in CA?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you mean a 'wrongful termination' lawsuit?
Customer: replied 1 year ago.
I was forced to quit. The employer deliberately caused me to quit my job--constructive actions-unchecked hostility, reorganization administrative lead unfair/discriminatory actions, harrassing, retaliatory, bullying, false allegations to try to get me arrested which lead to court hearing against me; I quit in April 2012. I couldn't take it any more. From what I heard it is against the law to constructively set out to harm an employee so that they leave. I thought it was called constructive termination.
Expert:  Joseph replied 1 year ago.
Do you believe that the employer's negative treatment of you was due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?
Customer: replied 1 year ago.
It would be hard to prove. I believe I was discriminated against by organization trying to eliminate engineers in favor of environmental scientists, attorneys/political science positions, and information technologists. The engineers got paid more and the others felt it unjust. The bias lead to unfair practices in terms of equal opportunity for advancement. Additionally, the 1st line supervisor pitted mostly women against women. I was going to file a DFEH claim--I have the paperwork. But, the protected discrimination clauses seemed to not be the best fit. I also blew the whistle on employer, requested relocation due to reorganization due to their changes as well as requested relocation for reasonable accommodation. I filed cease and desist and other complaints up the chain of command to get issues resolved, I also tried finding other jobs. The situation lead to medical condition and my need for Family With Medical Leave Act. I was approved and on FMLA since 2009. In 2011, the work environment was so intolerable I went beyond the 12 weeks. I also filed to reduce my work hours so I could have more chance to recover from attacks at work. They retaliated and set out to destroy my credibility so weaken my case against them.
Customer: replied 1 year ago.
It would be hard to prove. I believe I was discriminated against by organization trying to eliminate engineers in favor of environmental scientists, attorneys/political science positions, and information technologists. The engineers got paid more and the others felt it unjust. The bias lead to unfair practices in terms of equal opportunity for advancement. Additionally, the 1st line supervisor pitted mostly women against women. I was going to file a DFEH claim--I have the paperwork. But, the protected discrimination clauses seemed to not be the best fit. I also blew the whistle on employer, requested relocation due to reorganization due to their changes as well as requested relocation for reasonable accommodation. I filed cease and desist and other complaints up the chain of command to get issues resolved, I also tried finding other jobs. The situation lead to medical condition and my need for Family With Medical Leave Act. I was approved and on FMLA since 2009. In 2011, the work environment was so intolerable I went beyond the 12 weeks. I also filed to reduce my work hours so I could have more chance to recover from attacks at work. They retaliated and set out to destroy my credibility to weaken my case against them.
Expert:  Joseph replied 1 year ago.
Since you 'blew the whistle' on your employer, you have a case for wrongful termination in violation of public policy since you were constructively terminated and subjected to negative action by your employer due to your whistle blowing activity.

In California, this is known as a 'wrongful termination in violation of public policy' claim and you have two years from the date of the occurrence of the activity to file suit against your employer.

You would also have a claim for retaliation due to filing for FMLA leave. You can file a complaint for retaliation due to your use of FMLA leave with the EEOC within 300 days of the discriminatory act.

You can file a complaint using the instructions available online here:

http://www.eeoc.gov/employees/charge.cfm

Unfortunately, other than engaging in whistleblowing and filing for FMLA leave, you wouldn't have a cause of action against your employer, since discrimination based on occupation is not illegal.

It is also not illegal for your employer to be a complete and total jerk to you, and to engage in harassing behavior, as long as the behavior is not related to discrimination due to a protected characteristic, retaliation for your use of protected leave or other rights, or retaliation for your whistleblowing activity.

However, since you do have the two causes of action I mentioned above, your case would be strengthened by your employer's unethical and inhumane treatment of you.
Joseph, Lawyer
Satisfied Customers: 4864
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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