FORCED RESIGNATION LAWSUIT

Can an employee sue if they are forced to quit?

Employees can quit and sue if:

1. Their resignation is due to an illegal job condition;

2. They informed management of the illegality and the employer refused to stop the illegal conduct.

Before quitting your job it is essential you consult with a qualified employee lawyer in order to make sure you will be able to sue for quitting, and you will be able to obtain unemployment insurance.

Illegal conditions of employment are conditions an employee is exposed to which actually violate a statute that effects society outside of merely the workplace.

Examples of illegal conduct which may justify quitting and suing (constructive wrongful termination) include:

• Being exposed to unlawful racial or sexual harassment

• An employer forcing an employee to engage in conduct that could send the employee to prison

• Being forced to work in a dangerous or unhealthy environment for which OSHA would probably fine

• Working without being paid minimum wage, or overtime

• Nonexempt employees not being allowed meal or rest breaks [rest breaks to click through to employeelawca.com/restbreaklaw] and not being paid for missing the breaks

• Failures to accommodate pregnancy related medical conditions, or restrictions due to disability

Although the law technically allows employees to quit and sue for conduct that is not actually illegal, but the employee has a reasonable belief is illegal, or at least suspicious, cases in which the intolerable working conditions are not actually illegal are not good cases. Courts and fact finders are unlikely to indulge situations in which the conduct the employee quits over is not actually illegal. Beliefs an employment practice may lead to public safety violations are tricky cases if there is not a precise example or guideline as to what is safe. If the conduct is fraudulent on the part of the employer such as a knowing falsification of a test result the government is likely to rely on the situation is different, and the employee may succeed in quitting and suing.

One thing is clear, employees cannot quit and sue because they do not get along with somebody, or false rumors are being spread. The conduct that causes the employee to quit must be illegal, or a reasonable person would suspect it is illegal.

Employees must complain about the illegal conduct, and give the employer a chance to rectify the conduct. An employee who never mentions the illegal conduct, or their opposition to working given the illegal conduct cannot sue if they quit. When making complaints about the illegal conduct employees should not beat around the bush. The employer needs to know the specifics of the conduct that might be illegal and the employee’s theory on the laws that might be violated. The employee does not have to quote the code section numbers of the statutes they think are violated. The employee should at least mention their belief the conduct violates the law.

LABOR LAW LAWYERS

Not all lawyers take forced to quit cases. Some of the lawyers who might initially take a forced to quit case might ultimately be unwilling to spend the time researching the particular laws violated. The Employment Lawyers Group finds it a particularly interesting part of representing employees to research complex statutory schemes in order to pin point the true nature of the legal violations their clients quit over, or were wrongfully terminated over. There are quite a few statutes in California and the United States. Although we have dealt with many of these regulatory and statutory schemes in earlier wrongful termination and forced to quit cases we are always eager to investigate and research new statutory violations that form our clients’ job loss lawsuits. Our lawyers find it interesting to uncover and learn about all statutes in California and the United States.

Examples of our current and recent forced to quit and wrongful termination lawsuits involve:

• A nurse practitioner who quit her job at a clinic because she was being required to abandon her patients and pick up a drug at the hospital

• Warehouse workers who complained about safety issues and were fired when one threatened to and did contact OSHA

• A child care worker at a residential treatment home who called licensing to complain about child abuse

• A lineman who quit because his employer insisted on building and working around lines that hung less than six feet from the ground

• An operations manager who was fired for taking FMLA leave

• Numerous men and women who had to quit due to sexual harassment [click through to https://employeelawca.com/whatissexualharassment]

• A maintenance man who quit because he was not being reimbursed for significant miles driven in order to do his job

WORK ATTORNEYS

Employee lawyers represent workers in cases involving the loss of employment, significant owed wages, work injuries [work injuries to go to employeelawca.com/workers-compensation-lawyer] , and sexual harassment. Our job lawyers only work a contingency meaning we are only paid when and if we collect money from the employer. We never represent employers. We handle individual lawsuits for employees and class actions for numerous employees. Our firm founder has handled more than 1,670 separate employee lawsuits in California and many additional cases in other jurisdictions. The subject matters of work lawsuits include:

• Wrongful Termination or Forced to Quit

• Unpaid Wages

• Racial or Sexual harassment

• FMLA, Disability, or Pregnancy Discrimination

In order to get involved in a lawsuit it is important that the employee have suffered significant damage. Overtime or unpaid wages of a few hundred dollars does not create a situation a private lawyer can assist with. Suing for an extremely small amount of wages may destroy an ongoing employment relationship. Work situations which can be chalked up to people not getting along whether it was a fight, or non-protected name calling does not engender a work lawyer. Employment lawsuits and even workers compensate cases are not rollover situations in which the employer merely pays all sorts of money to avoid legal expenses and the hassle of a lawsuit. Work related lawsuits need to be well grounded, legitimate, and substantial. Please allow our work attorneys to review the situation with you to determine if it is within your best interests to sue.

Constructive wrongful termination means the employee is forced to resign due to intolerable job circumstances. The intolerable job conditions must be on the same level as an employer’s conduct that amounts to wrongful termination.

Employees repeatedly subjected to severe sexual harassment may have suffered intolerable working conditions that justify their resignation. Likewise, employees subjected to severe racial harassment, or disability harassment may have grounds to quit. Employees exposed to unsafe work practices may have been exposed to intolerable job conditions that justify resignation.

In order to answer the question, “Can I quit my job?” you MUST consult with an experienced employment lawyer.

Employees who are not paid their wages in an appropriate manner, or who are being forced to do something illegal may have been exposed to intolerable job circumstances that warrant their resignation. If you get up and quit without advising the right levels of management of the intolerable job conditions, and giving them time to correct the bad employment situation, you may not be able to sue for quitting your job. In addition, far less than all work problems that bother you amount to legal justification to quit your job.

How to quit my job?

If you think that you are being forced to quit your job, or wonder if you might have a constructive wrongful termination case, or you are wondering if you can get unemployment benefits if you quit your job, you MUST consult an experienced employment lawyer. It is doubtful that an employee, on their own, without the help of an experienced labor lawyer, will go about the proper legal procedures to quit their job. In addition, your employment situation may not legally justify you quitting your job and suing for the loss of your job. Likewise, the conditions at work may not justify you quitting your job and being able to sue for quitting your job. You will need an experienced employment labor to guide you through the process of being able to quit and sue, or being able to quit and seek unemployment benefits. However, no matter how good the employment lawyer is, they cannot guide you through a situation that is legally insufficient to justify you quitting your job.

If you are wondering if you have grounds to quit and sue, we look forwarding to speaking to you about your employment problems. Please do not make the mistake of taking legal matters into your own hands and prejudicing your rights to unemployment benefits and being able to sue your employer. If you want to know if you can sue if you are still employed, and how to go about quitting your job, the Employment Lawyers Group is available for consultation. Visit our other website to read case samples on Los Angeles Wrongful Termination Lawyer