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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37971
Experience:  Retired (mostly)
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Hello, Question: I was upset at being shouted at by my Boss some weeks ago and left the

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Hello,
Question: I was upset at being shouted at by my Boss some weeks ago and left the office. The next day I met with the other business partner (owner) who said she understood how he (the Boss)was and apologized for his behavior but said that he is not likely to change (his ways). Given this information I informed her that I would likely look for alternative employment because of the difficult working environment.
She agreed and said she was sorry that and that I had made this decision.

Yesterday I received a phone call from her stating that my last day would be next Thursday as they've hired someone else to do my job. And can I train them?

They asked that I send them a copy of my Letter of Resignation. Of which I have never written or discussed other than that out-of-office/neutral conversation.

They also informed me that my discretionary bonus would not be paid although my performance has never been questioned.

My contract states that the 'Bonus shall be discretio
Hello,

If you provide a letter of resignation, you will lose your right to unemployment (UI) benefits. If you want to receive UI, then you must be involuntarily terminated. You can work right up until your last day, but if you tell your employer that you are quiting, then you will lose your right to UI.

Re your bonus, if the employment contract states that it is discretionary, then that contract controls, and you cannot sue for the bonus.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Hello,

Just so I am clear. If I said to an Employer that I would be look for alternative employment, then this is considered as good as a letter of resignation?
This doesn't make sense.
How can a determine be made by either side as to when that date would/should be?
If nothing is said, then it is at the discretion of the Employer.
That doesn't seem fair!

Also the 'implied covenant' would not be considered if present in the contract.

Are there grounds for unfair dismissal?
Just so I am clear. If I said to an Employer that I would be look for alternative employment, then this is considered as good as a letter of resignation?

A: No. Saying that you are looking for other employment does not mean that you have quit your current employment. If your employer says that your last day is X, then you are being fired, unless you submit a letter of resignation. If you want UI benefits, then do not submit a letter of resignation.

This doesn't make sense.
How can a determine be made by either side as to when that date would/should be?

A: Your employer is in control of your employment. If you continue to work until the day that your employer says you services are no longer required, then you are terminated on that date.

If nothing is said, then it is at the discretion of the Employer.
That doesn't seem fair!

A: It's not fair. However, under Cal. Labor Code 2922, the employer has discretion to terminate any employee at any time, for any reason, or for no reason whatsoever.

Also the 'implied covenant' would not be considered if present in the contract.

A: Under the implied covenant of good faith, a discretionary bonus is considered due on termination only where the employee can show that the conduct of the employer and employee is such that all employees reasonably expect to receive that bonus on termination. However, where an "express" agreement stating that no bonus is payable on termination, the court will not imply terms that contradict the express agreement.

Are there grounds for unfair dismissal?

A: There is no legal theory of recovery called "unfair dismissal." There is a legal theory called "wrongful termination," which requires a violation of a well-established public policy (e.g., employee fired for reporting employer's criminal activities, jury duty, witness subpoena, etc.). Your termination displays no well established public policy violation, therefore you cannot succeed on this theory, in my opinion.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


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