Most people do not want a bad relationship with their employer. You may be finding that you are facing a big decision. Your employer wants you to resign, or they may decide to terminate your employment. The question many people have is quite simple. “Can my employer force me to resign?”
A variety of factors exist in determining what the law requires in this situation. That is why it is best to work with a San Diego wrongful termination attorney from Walker Law to navigate this situation – even if you have not been terminated at this point.
Is Being Forced Out of a Job Legal?
This process is called constructive discharge, which occurs when an employer tries to make employment or the job in general so difficult and frustrating that it eventually leads them to want to quit. They may levy increasing responsibilities or requirements in an effort to force the employee to retire.
If this is occurring in your case, it may be a type of wrongful termination or a breach of your employment contract, though the circumstances of the situation range widely. You will need to prove that the employer took these actions with the intent to encourage a person to leave their job.
Some of the most common signs that this may be occurring in your case include:
A reduction in pay
A reduction in your position or rank within the company
Increase in job responsibilities or a decrease in job responsibilities
Humiliation
Work that becomes more challenging with increasing demands
When making a decision about constructive discharge, the court will specifically look at the work conditions, changes in the employee’s position, and other evidence from an objective view. In other words, to be constructive discharge, it must be possible for someone outside of the company looking in to be able to recognize the unfair practice.
Should You Quit If You Are Being Forced to Resign?
The decision to leave the job is really up to you. However, do not make the mistake of believing that quitting a job that is in violation of employment law means you cannot seek additional compensation for your losses. Even if you leave the job, if you have evidence to prove that the actions of the employer were unjust, it may be possible to pursue wrongful termination or other challenges.
When an employer subjects a worker to unbearable working conditions or an environment that puts them at risk, the employee may have the opportunity to file a claim against that employer.
What Should You Do If You Believe This Happened to You?
No matter where you are in this process, reach out to the employment lawyers at Walker Law now. Let our team answer your questions after gathering some information about what occurred in your case. We can help you determine if unjust circumstances existed, and if that is the case, we can help you take the next step in protecting yourself.
If you are asking, “Can my employer force me to resign?” that often means you need legal guidance sooner rather than later. Set up a free consultation with us today.
