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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
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Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My employer gave me an action plan with non-measurable items

Resolved Question:

My employer gave me an action plan with non-measurable items to be completed within 30 days or I would be terminated and HR said I needed to sign even if I didn't agree. Rather than sign it I gave them a 30 day notice of resignation. Under these circumstances would I be eligible for unemployment if the company fought it which they have for other staff members in the past
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

To receive unemployment, you would need to show that you lost your job through no fault of your own. Thus, if you had been given an action plan and were terminated you would absolutely receive unemployment even if you did not meet expectations.

Employment-LawExpert :

Because you gave 30 day notice, however, if you do not rescind this notice, then receiving unemployment will be very difficult.

Customer:

So did I ruin my chance or getting unemployment by giving them my resignation rather than signing their plan?

Employment-LawExpert :

The reason behind this is that the CA EDD finds that quitting without good cause does not constitute loosing your job through no fault of your own.

Employment-LawExpert :

Are you still working there?

Employment-LawExpert :

If yes, then you need to send something, in writing, which rescinds your resignation.

Customer:

Yes, I feel like I quit under duress, either sign or be fired, so I gave resignation to give me 30 days

Employment-LawExpert :

preferably certified return receipt

Customer:

I did send something trying to rescind and they did not accept it

Employment-LawExpert :

though it can be done in email, etc. as long as you make sure you have it in writing for EDD when your employer fights it

Customer:

I am actually still working their for another 3 days

Employment-LawExpert :

you should rescind your resignation as soon as possible

Employment-LawExpert :

if they do not accept, then you have a strong argument that you should receive unemployment benefits

Customer:

Thank you, XXXXX XXXXX do that

Employment-LawExpert :

not a problem

Employment-LawExpert :

Does that fully answer your question?

Customer:

Yes, thank you

Brandon, Esq., Lawyer
Satisfied Customers: 1778
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.
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