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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5046
Experience:  Extensive experience representing employees and management
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Hello,I was forced into quitting yesterday. I called an HR

Customer Question

Hello,
I was forced into quitting yesterday. I called an HR meeting due to constant insults by 2 of my superiors as well as an unadhered to bonus plan. I was yelled at, told I should be greatful I have a job and recieved one hard earned bonus, etc. I was retalliated against by being blocked from our systems at work when they found out I involved HR for mediation.
I had spoken to them many times about changing my bonus structure and they always said no. In the HR meeting yesterday they said in front of the HR rep that they never complained about my performance, to which I replied "I didnt think that you would, I did excellent work". They never wrote me up and I quadrupled new business since I was hired in July of 2012.
I was spoken down to and when I tried to handle it professionally, they retalliated. I am sure HR is in shock after they terrible things that were said to me in the meeting yesterday. At least they showed their true colors.
I am expected to send over a compensation request and I assume a ressignation letter. I was left with no choice but to leave based on the torment and constant bullying. We have nothing in writing at this point. I told HR I needed some time to lookk into my rights.
Do you have any insight on this?
Thank you
MD
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello MD,

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

My goal is to provide you with excellent service today.

Can you tell me if you have an employment contract with your employer or are a member of a union, or are you an at-will employee?
Customer: replied 1 year ago.

Hi joseph,


Thank you. I was an at will employee, no union. It is a small insurance brokerage. However, I was treated very aggressively and constantly talked to inappropriately, even in our meeting with HR yesterday. I had excellent performance and was even said so in the meeting.


I did what I thought was best when I called the meeting with HR and the 2 oweners of the company.


They made it very clear they did not want to pay me on my bonus. I achieved the end result of bringing in new business. I even did my bosses jobs because they did not. There are many layers to this. I simply wanted us to work something out, but am forced to leave with the inappropriate things that are said to me. They very clearly pushed me out because I finally took action on the way I was treated.


 

Expert:  Joseph replied 1 year ago.
Hello,

Can you tell me if you believe that you are being treated differently due to discrimination based on a protected characteristic (like race, gender, national origin, ethnicity, etc.) or is it a personal conflict?

In other words, can you tell me what the nature of the insults were from your two superiors?
Expert:  Joseph replied 1 year ago.
Hello MD,

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

Unfortunately, while your supervisors and employer's treatment of you is unethical, inhumane, and wrong, I regret to have to inform you that none of their behavior has violated any of your rights.

This is due to the employment at-will doctrine, which is codified in California Labor Code Section 2922 and states:

'An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month.'

Due to the employment may discipline or terminate you at any time for any reason with or without any prior notice (including bad reasons and ones that are completely unfair).

However, you would be entitled to unemployment benefits even though you voluntarily quit your job, since you would be considered to have resigned your job with good cause.

Good cause is defined as a reason that would make a reasonable employee in the same position who wanted to stay employed leave his or her job in the same circumstances.

Since no reasonable employee could have tolerated the hostility, bullying, and insulting in your workplace, you will be entitled to unemployment benefits since your voluntary quit would be considered to have been for good cause.

I realize this some of the above news is not what you wanted to hear, and I sincerely XXXXX XXXXX had better news to give you but I hope you appreciate a direct and honest answer to your question.

Since my goal is to provide you with the best service today, please don’t hesitate to ask me any follow up questions you may have.

If you don’t have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

Have a great 4th!

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