What is a constructive dismissal?

A constructive dismissal is a situation in which an employee is forced to leave his or her job because of an employer’s action or inaction. In California, it is considered a form of wrongful termination. An example of a constructive dismissal can include a situation in which an employer changes the terms of an employment contract, and the employee is forced to leave because the new terms are unacceptable. It could also occur if an employer creates an intolerable working environment for the employee, such as making verbal or physical threats or treating the employee in an abusive and hostile manner. Constructive dismissals can also occur when an employer fails to act in accordance with the terms of an employment contract. For example, if an employer fails to make regular paychecks or pay agreed upon wages, it could be considered a constructive dismissal. In California, constructive dismissals are illegal and the employee may have a legal basis for filing a claim against the employer. A successful case of constructive dismissal may result in damages for lost wages, benefits, and legal fees. The employee may also be able to claim damages for emotional distress and other losses caused by the employer’s action or inaction.

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What is a constructive dismissal?

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