California Employment Law

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California Employment Law
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I was curious about constructive dismissals. There are

I was curious about constructive...
I was curious about constructive dismissals.
JA: Have you documented this or discussed it with HR?
Customer: There are several eyewitness accounts of one major incident and documents evidencing an ongoing problem...I do not have access to those documents though.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: "At will".
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes--the major incident, perpetrated by my supervisor, was reported to my boss in August who advised that I "...wait for [new supervisor] to get there". No action was taken against perpetrating supervisor, and I was strongly encouraged not to report this.
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Answered in 2 minutes by:
11/6/2017
Roy Hadavi
Category: California Employment Law
Satisfied Customers: 979
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

I have reviewed the information you provided. What is your question?

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Customer reply replied 1 month ago
Thank you Roy!My question: what, specifically, is the court looking for if I quit then claim constructive dismissal? I heard there was a "test".

Happy to help.

The answer varies by state. Where was your employment located?

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Customer reply replied 1 month ago
I am located in California. The company is based out of Massachusetts, if that matters.

Was your employment in California?

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Customer reply replied 1 month ago
I am still employed at the same company, in the same location. Also: I am a DoD contractor.

Thank you for that information. Please give me a moment as I formulate a response.

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Answer: California requires an employee to prove that:

  1. His or her working environment was so unusually adverse that a reasonable employee in his or her position would have felt compelled to resign, and
  2. The employer either intended to force such resignation or had actual knowledge of the intolerable working conditions.

An employee claiming to have been constructively dismissed must show that the conditions giving rise to the resignation were sufficiently extraordinary and egregious to overcome the normal motivation of a competent and reasonable employee to remain on the job.

Generally, a continuing pattern of extraordinary and egregious conduct is required before an employee's resignation will be considered a constructive dismissal. A single negative evaluation or other isolated acts don't typically establish intolerable or unusually adverse employment conditions. However, in severe situations, a single act, such as a crime of violence by the employer against an employee or the employer's requirement that an employee commit a crime, may be enough to constitute unusually adverse conditions.

In addressing whether an employer's conduct amounts to sufficiently intolerable or egregious working conditions to permit constructive dismissal, courts focus on factors including:

  1. Whether the employee was requested or required to participate in illegal activity;
  2. Whether the employer duly acknowledged or investigated the employee's complaints;
  3. The nature of the employer's illegal conduct; and
  4. The passage of time between the allegedly illegal conduct and the employee's resignation.

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Roy Hadavi
Category: California Employment Law
Satisfied Customers: 979
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other California Employment Law Specialists are ready to help you
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

Ask Your Own California Employment Law Question

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! More importantly, than you for the generous bonus!

It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: California Employment Law
Satisfied Customers: 979
979 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

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