Law Office of Jeffrey D. Fulton
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Can you quit and still sue for wrongful termination?

In most cases of wrongful discharge in California, you will need to be fired from your job before you can sue your previous employer. Some cases, however, can involve an employee who voluntarily left his or her position and then brought charges against the employer. The American Bar Association has detailed when it is acceptable to take this route and how your choice can affect the outcome of your case.

 

Almost one century ago, lawmakers realized that some employers were avoiding the issue of rights violation with their employees by using alternate methods to encourage them to quit. Rather than firing them, employers would make working conditions so intolerable that their employees would have to quit.

 

If you feel that you have been harassed in this way, there are a few things to keep in mind. First is that you will need to provide information to the judge that proves that you were forced to quit. This could come in the form of a significant or unfounded pay reduction, a reassignment to a less desirable position, a transfer to another location that is difficult for you to travel to, or a reduction in assigned duties at work.

 

In some cases, you may also simply be badgered, humiliated or harassed at work until you no longer feel that you can stay in that environment. It is important to distinguish between unlawful behavior and that which is a normal byproduct of the working world. This information is intended for your education and should not be taken as legal advice. 

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