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Are you a victim of constructive dismissal?

Many California residents are not overly fond of their jobs. They may have thought that the position they hold would be a stepping-stone to their real careers but ended up staying in that same position for whatever reason. Of course, just because it is not their ideal job, it does not mean that they want to leave.

You, on the other hand, may have felt comfortable at your job until recently. Suddenly, your employer and your coworkers may have begun treating you unfairly and your work environment may have become increasingly hostile. The problems became so severe than you ended up resigning.

Are you a victim of constructive dismissal?

If you felt targeted by unfair treatment in the workplace after filing a complaint or participating in an investigation into someone else's complaint, especially regarding harassment or discrimination in the workplace, your employer may have retaliated against you. While your employer may not have fired you outright, if the work environment became so unpleasant that you felt you had no other option than to leave, you may still have faced a type of wrongful termination.

Constructive dismissal occurs under these circumstances. Your employer and coworkers may have targeted you to the point where you left your job, and that end result may have been exactly what they intended to achieve through their actions. In fact, unusually adverse conditions and intent by the employer are two elements that need proving in such cases.

What can you do?

Like other wrongful termination cases, you may have reason to take legal action against your employer for constructive dismissal. However, you must provide evidence to support your claim. The hostile treatment must have continued for an extended period of time, and extraordinary efforts on the part of your employer or coworkers must have occurred as an attempt to make your work life more difficult.

Additional elements also need proving in order for your situation to constitute constructive dismissal. If you believe that you may have reason for a claim but are uncertain about the legalities, you could find it useful to consult with an employment law attorney. This legal professional could assess the details of your ordeal, evaluate whether it warrants legal action and provide useful insight into your options for moving forward in the event that a claim could be in your best interests.

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