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The latest California case on constructive termination – forcing an employee to use his vehicle? Not so fast.

 

The latest California case on constructive termination – forcing an employee to use his vehicle? Not so fast.

Posted by Legal Staff in California Law Questions, Employment Law in California, Law Blog for California and Texas07Feb2014

Constructive Termination Because the Employer Forced You to use Your Vehicle?

On December 13, 2013, the California Court of Appeal held that Jorge L. Vasquez did not state a valid legal claim for constructive termination in violation of public policy. The employee claimed that the employer violated the Labor Code by assigning him tasks that required extensive use of his vehicle and refusing to reimburse him for mileage. That was not enough to support his claim for constructive termination which is a form of wrongful termination. Not surprisingly, the Court also held that the employee failed to state a claim for intentional infliction of emotional distress. The Court threw the employee a bone by finding that the trial court should have allowed the employee one additional chance to amend the complaint.  This decision should be a clear warning to others that requiring use of an employee’s vehicle is not constructive termination or wrongful termination.

Read more about employment law in numerous articles Christman, Kelley & Clarke, PC has written:

Overtime to non-residents

Sexual Assault in the Workplace

Class Action in Employment Law

What to do When Faced with Workplace Harassment or Discrimination

Matthew M. Clarke | Shareholder

 



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