Constructive Discharge Lawyers in Los Angeles
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Constructive discharge occurs when your employer treats you unfairly and discriminates against you or otherwise creates a hostile working environment where you can no longer work effectively and where, ultimately, you are forced to resign. If you think you are being harassed or discriminated against by your employer or any of your co-workers with the knowledge of your employer and you have no other choice but to resign, then you have a right to seek unpaid wages and other damages against your erring employer.
In alleging wrongful termination through violation of constructive discharge California laws, you must prove by a preponderance of evidence that your employer either intentionally created or permitted the harassment, discrimination or hostile working environment against you before you can claim damages against your employer for constructive discharge. It is not enough that you show that you resigned due to misunderstandings with your co-workers. The knowledge that your employer has something to do with the abuse you are experiencing in the workplace or at least the knowledge that your employer knows or should have known about the hostile working environment and his inaction should be established in order for you to impute fault on the part of your employer. Aside from the foregoing, there are other administrative steps you need to take before you can allege wrongful firing through constructive discharge.
MELG Law Firm can definitely help get you the maximum compensation you deserve. With the unmatched skill and dedication of our skilled constructive discharge attorneys in Los Angeles in pursuing unjust employers who commit wrongful termination, you can be certain that your employment is safe while you are provided with top notch legal service you deserve.
Call us now at (866) 500-4848 and we’ll get back to you as soon as possible with the best solutions for your employment and legal issues.
Illegal Discharge Through Direct Wrongful Termination
This type of wrongful termination happens when you are terminated from work by your employer without justifiable reason or against public policy, i.e. as a consequence of retaliation by your employer on account of your whistleblowing or due to discrimination, whether it be sex discrimination, race discrimination, age discrimination, discrimination based on religion, discrimination based on national affiliation, sexual orientation discrimination and the like.
Even as an “at will” employee in California, you should know that you still have a right not to be terminated if the termination will be against public policy. Hence, if this happens to you, you can seek help from top Wrongful Termination Attorneys in Los Angeles to protect your right at work.
Illegal Termination Through Constructive Discharge
In this instance, you are not directly terminated by the employer. However, your employer either permits or causes the hostile work environment which forces you to resign out of fear for your safety or well-being. Examples of hostile working environment is when you are always assigned difficult and unsavory tasks or permitted to be discriminated against or ridiculed in the work place.
However, knowing the type of damages you can claim and your legal rights to be protected against illegal dismissal do not automatically translate to receiving the awards you want to obtain from the employer at fault. The best and only way you can get justice and obtain the maximum compensation you deserve for being unjustly treated in the work place is by hiring top employment attorneys who can help you negotiate your claims against your employer or, in the alternative, can provide aggressive representation to you during court trials.
In many states, there are different legal processes you need to take first before being able to file a claim in court. There are also jurisdictions with different statutes of limitations imposed on employment and labor law claims. Therefore, if you are serious in wanting to claim damages against your erring employer, you should not entertain the thought that you can negotiate your claims on your own because your employer will definitely have the resources to protect his interests. Hence, in order to protect you and your family from further distress, contact MELG Law Firm’s highly respected employment law lawyers in Los Angeles right away and let them take care of your employment and labor law worries.
Types of Damages You Can Claim Against Your Employer
If you have been wrongfully terminated at work, you should be aware that you have a right to claim damages and other losses from the employer at fault, to include:
- a. back wages,
- b. unpaid benefits and other emoluments,
- c. unpaid rest and meal breaks
- d. pain and suffering,
- e. emotional distress and
- f. other non-monetary losses.
In some cases, punitive damages may even be awarded due to the seriousness and wanton disregard of your employer for your welfare.