If you believe you have been forced to resign due to unbearable working conditions, you may be experiencing constructive dismissal. Our dedicated team of constructive dismissal lawyers is committed to providing comprehensive legal services to employees facing these challenging situations and can help you pursue a claim. Arrange a free and confidential consultation today by calling (949) 379-6250 or contacting us online.

Los Angeles Constructive Dismissal Attorney

Why Choose Our Los Angeles Constructive Dismissal Attorney?

What truly sets Aegis Law Firm apart is our unwavering commitment to client satisfaction. Beyond our remarkable case achievements and numerous accolades, we recognize that success is measured by the trust and satisfaction of our clients. At Aegis, we prioritize forging a personal connection with each client, laying the foundation of mutual trust.

Our accomplished attorneys, graduates of esteemed law schools and veterans of the nation’s premier firms, bring invaluable skill and experience to each case.
We acknowledge the unique nature of every constructive case and understand the inherent stress associated with legal matters.
In times of complexity, we stand by you, dedicated to guiding you through with the utmost care and support.

How an Attorney Can Benefit Your Constructive Dismissal Case

Hiring a constructive dismissal lawyer can offer significant advantages to your case, such as the following:

Legal Knowledge and Experience

Constructive dismissal cases involve intricate employment laws. A Los Angeles employment lawyer possesses in-depth knowledge of these regulations and precedents, ensuring that your case is approached with a comprehensive understanding of the legal landscape.

Case Evaluation and Strategy

A constructive dismissal lawyer can conduct a thorough evaluation of your case, assessing the circumstances surrounding your resignation. They will help you understand the legal merits of your claim and formulate a strategic approach tailored to your specific situation. Employment contracts play a crucial role in constructive dismissal cases. A lawyer can carefully review your contract, identifying any breaches or violations that may support your claim of constructive dismissal.

Evidence Gathering and Documentation

Building a strong case requires meticulous documentation and gathering of evidence. A lawyer can assist you in identifying relevant documentation, such as emails, memos, or witness statements, that can substantiate your claims of intolerable working conditions leading to your resignation.

Negotiation Skills

Constructive dismissal cases often involve negotiations with your employer for a fair resolution. A lawyer with expertise in this area can leverage their negotiation skills to advocate for your rights and seek a favorable outcome, whether through severance packages or other compensatory measures.

Mediation and Alternative Dispute Resolution

Lawyers can explore alternative dispute resolution methods, such as mediation, to reach mutually agreeable solutions without the need for lengthy court proceedings. This can expedite the claims process and potentially save you time and resources.

Litigation Representation

In cases where negotiation or mediation proves unsuccessful, a constructive dismissal lawyer is prepared to litigate your case in court. They will present a compelling case on your behalf.

Knowledge of Legal Defenses

Employers may raise legal defenses in constructive dismissal cases. An experienced lawyer can anticipate and counter these defenses, strengthening your position and addressing potential challenges.

Protection of Your Rights

Your lawyer is dedicated to protecting your rights throughout the legal process. They will ensure that you are treated fairly, advocate for your interests, and work towards obtaining the best possible outcome for your case.

What is Constructive Dismissal?

Constructive dismissal refers to a situation where an employee resigns from their job due to intolerable working conditions created by the employer. While the employee technically resigns voluntarily, the resignation is considered “constructive” because it results from the employer’s breach of the employment contract or a fundamental change in the terms of employment.

Key Elements of a Constructive Dismissal Case

The key elements of a constructive dismissal case include:

Breach of Employment Contract: The employer breaches the terms of the employment contract, which may include changes in job responsibilities, salary reductions, or a hostile work environment.
Unbearable Working Conditions: The working conditions become so intolerable that a reasonable person in the employee’s position would find it impossible to continue working.
Employee’s Resignation: The employee, faced with the unacceptable conditions, resigns from their position.

Signs of Potential Constructive Dismissal in the Workplace

Common examples of circumstances leading to constructive dismissal include:

Significant Salary Reduction: A substantial and unjustified decrease in salary.
Unilateral Changes in Job Responsibilities: Fundamental changes in job duties without the employee’s consent.
Demotion Without Cause: Unjustified demotion without proper cause or a substantial reduction in job status.
Harassment or Discrimination: A hostile work environment created by harassment or discrimination.
Failure to Provide a Safe Workplace: Inadequate measures to address safety concerns, forcing the employee to resign for their well-being.
Isolation and Exclusion: Deliberate actions by the employer or colleagues to isolate or exclude an employee.

It’s important to note that constructive dismissal cases are fact-specific, and each situation may vary.

When Can You Sue for Constructive Dismissal?

As an at-will employee in California, your employer possesses the authority not only to terminate your employment but also to create working conditions so intolerable that a reasonable person would feel compelled to resign – a situation known as constructive termination.

However, you may still have the option to pursue legal action against your employer for wrongful constructive termination. Constructive termination is deemed wrongful if it involves one of the following:

Violation of an implied contract,
Breach of public policy,
Retaliation for whistleblowing, or
Retaliation for exercising your rights under the Fair Employment and Housing Act (such as raising concerns about discrimination or harassment).

The majority of constructive termination cases do fall within one of these “wrongful” categories. As a result, you will typically have the ability to sue your employer even as an at-will employee. One of our Los Angeles wrongful termination lawyers can help deal with these circumstances.

Contact Us Today

If you believe you have experienced constructive dismissal, our Los Angeles Constructive Dismissal Lawyer at Aegis Law Firm is here to guide you through the complexities of the claims process. Contact us for a confidential and free consultation and take the first step toward understanding your rights and seeking appropriate remedies for your situation.