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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Our company is being acquired. I have been told our HR department

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Our company is being acquired. I have been told our HR department is preparing letters asking all employees for their resignations. After those have been received, the new owners will hire only those they want to keep. My question is, even if I am hired by the new company, what happens to my benefits? I have accrued four weeks of vacation; am I entitled to that if I theoretically resign? Can an employer force people to quit? It seems like blackmail to me.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

1. If I am hired by the new company, what happens to my benefits?

Unfortunately, I have no way of knowing that. It is a completely new and different job so your benefits could stay exactly the same or they could change under the new employer.

2. I have accrued four weeks of vacation; am I entitled to that if I theoretically resign?

Yes, if you resign or are terminated you are entitled to all accrued weeks of vacation. If you resign with no prior notice, you are entitled to the accrued vacation within 72 hours of resignation. If you are terminated, you are entitled to your accrued vacation immediately at the time of termination.


3. Can an employer force people to quit?

No, they cannot force people to quit. You don't have to resign if they request you to do so, and can require that they terminate you outright. However, if you were to resign by being told you have to, you would be eligible for unemployment benefits just as if you were terminated, as you would have lost your job through no fault of your own.

Since my goal is to provide you with the best service, please don't hesitate to ask me any follow up questions or request any additional information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Joseph and 2 other California Employment Law Specialists are ready to help you
Hello Ignacio,

Thank you for your positive rating of my service and your very generous bonus!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

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Thanks again and best of luck!