Forced to Resign? Know Your Rights

What to Know If You Were Forced Out of Your Job

Were you forced to resign from your job in California? It may have been considered wrongful termination. If you were unlawfully terminated, you might have a valid legal claim, but you should consult with an attorney as soon as possible. A lawyer can help determine your rights and the best path forward if you are forced to quit.

At Levin & Nalbandyan, we represent individuals who have been wrongfully terminated from their employment in Los Angeles and the surrounding areas. Our lawyers have extensive experience helping people who were forced to resign. Learn more about us and how we can help. Contact our office today to schedule a free, confidential consultation. 

Your Guide to Forced Resignation

If you were forced to resign from your work in Los Angeles, you may be entitled to compensation and unemployment benefits. However, it can be challenging to know your rights without guidance from an experienced attorney. 

Forced resignation occurs when you quit due to pressure from your superiors or as a result of a hostile work environment. Usually, when a person quits a position, it is voluntary. They leave the company on their own accord. When a resignation is forced, the decision to leave the company is not voluntary.

What Is Constructive Discharge?

According to the U.S. Department of Labor, constructive discharge occurs when an employee’s resignation or retirement is not tolerable due to a hostile or intolerable work environment. It may also occur when an employee quits or resigns due to pressure or coercion.

In many instances, the employee feels that they have no other option but to resign from their position or the workplace has become so intolerable that they cannot continue employment. Proving constructive discharge or constructive termination can be challenging since it may look as though you voluntarily quit your job. Evidence can help support your claim and prove your case.

Is Forced Resignation Considered Wrongful Termination?

If you can prove that you were forced to resign, you may have a valid claim for wrongful termination. It is important to know that you must be able to show that your resignation was not voluntary and that because of the work conditions, you had no choice but to quit. You must also be able to prove that your employer did not have the right to fire you, which can be difficult in an at-will employment state like California. 

However, even in an at-will employment state such as California, you have the right to be in a hostile-free work environment. An employer cannot discriminate against you or harass you. If your employer created an intolerable working situation that forced you to quit, you may have a valid claim for damages.

How Can You Prove Forced Resignation?

Proving forced resignation can be difficult without the help of a knowledgeable attorney. You may have been forced out because of harassment, discrimination, or another unlawful act, but you will need to find evidence to prove your claim. Evidence may include emails or other communications, witness statements, or prior claims of harassment. 

It is important to document everything if you experience any form of harassment or discrimination at work. Be sure to put it in writing. Document who you spoke to and what, if anything, was done to correct the situation. The more evidence you can provide that your employer created the situation or knew of the hostile work environment and did nothing to stop it, the stronger your case will be.

Your Rights in an At-Will Employment State

As an employee in an at-will state, you have the right to work in a hostile-free environment. You have the right not to be discriminated against or harassed at work. If your employer repeatedly yells at you, demotes you without cause, or threatens you, you may have a valid claim. 

One of the most important rights you have is the right to legal representation. It is imperative to exercise this right and to consult with an attorney as early in the process as possible. An attorney can help prove that your employer either created a hostile work environment or put pressure on you to quit.

Legal Services You Can Trust

At Levin & Nalbandyan, we offer experienced representation for employment law issues, including forced resignation and wrongful termination. We have proven results, including multiple multi-million dollar recoveries on behalf of our clients. Our lawyers know state and federal law and will not give up until you get the best possible outcome in your case.
If you were forced to quit your job in California, contact our office to schedule a free, no-obligation case evaluation. Our legal team understands what is at stake, and we will fight for you. A forced resignation can leave you unemployed and without the benefits, you need and deserve. Our office will work to make sure that you not only receive unemployment benefits but also hold your employer responsible for any wrongdoing.




If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.