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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I had to give notice and quit my job because a newly hired

Customer Question

I had to give notice and quit my job because a newly hired administrator in training was horrassing me and accusing me of not doing my job when she never understood the objectives I was hired to accomplish. My last day of work was March 28th. I sitill have not received information regarding Cobra
I have had health issues do to the stress this individual caused me.
I loved and was greatly supported by my boss before this admin. in training individual took over as my boss became a regional manager. Onece she arrived I received a verbal and written warning for not doing my job as she saw fit. I was a Senior Director of Activities at a senior community and have been a highly regarding Director for years at two other communities and at my last job until the new admin. in training arrived. I feel I was harrassed to the extent that I had to leave.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Terry,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You mentioned both COBRA and numerous issues with the new Administrator, but your question is not clear to me. What specifically can I answer for you? What is your goal here?

Doug

Customer: replied 1 year ago.

Can I sue my past employer for being falsely accused for not fulfilling the terms of my employment.

Customer: replied 1 year ago.

Wasn't my employer suppose to give me information regarding Cobra?


They have not done so.

Expert:  LawTalk replied 1 year ago.
Good afternoon Terry,

Thanks for clarifying that for me.

As for COBRA, the law requires that the employer must notify the plan administrator of the qualifying event---your resignation----within 30 days. The plan administrator then has 14 days in which to notify you and your family members who had coverage of your rights to continue coverage under COBRA. So, it could be as late as Mid May before you are contacted, and that will still be legal.

There is no law in CA which prohibits an employer from falsely claiming that you are not doing your job. In CA, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated, or have significant changes made in their work conditions, for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

Now, if you have been discriminated against based on your race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law, then you would have a viable discrimination claim. If this is the case, let me know and I can explain what you can do to seek a legal remedy.

I'm really sorry, but the fact that your new Administrator didn't understand your job, or perhaps disliked you for some reason---that would not by itself give you a right to sue the company for harassment.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX

Expert:  LawTalk replied 1 year ago.
Good afternoon Terry,

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Terry. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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