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Constructive Termination In California


A California employee cannot just resign and claim that their termination was a result of a constructive termination. An employee has the burden to prove at the very least that the conditions in which the employee worked where so intolerable that a reasonable employee placed in the same environment would have resigned and the employee must further prove that the California employer knew about the intolerable conditions or the employer intended to force the resignation on the employee. It is not the easiest standard to meet for many California employees and many California employees unfortunately think that they can just resign and claim that they were constructively terminated.