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.
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