California Employment Law
California Employment Law Questions Answered by Legal Experts
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First let me say that I am terribly sorry to hear that you are in this situation. To best assist you, I need to know a few more things. Are you a for cause employee? Or are you part of a union?
Because if you are an at will employee, as is the default in California, your best option is to put something in writing stating that you have no intention of quitting.
Then, if you were terminated, you would be able to claim unemployment and claim quite rightly that you were terminated without cause. You would be able to point to the letter that would show your intentions.
Absent this, however, at will employment allows your employer to terminate your employment for any reason that does not violate your civil rights or is in breach of contract.
That being said, a company can never force you to quit. As long as you keep coming into work, if they want you to leave, you have to be fired.
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When you spoke to hr what did they tell you?
that the best thing is to quit
Are they giving you any reason for this? Are they offering you a significant severance package?
i had a conflict with an co worker out of work
So, usually, it is never the best thing to quit. This is because if you quit, you will be denied unemployment benefits. To receive unemployment benefits, you need to prove that you lost your job through no fault of your own.
If the reason you would be terminated would be because of an outside conflict then they would not have cause to fire you. Even if they say you verbally quit, if you have something in writing stating that you have no intention to quit and that you like your job and like working there, then you could use this to receive unemployment benefits.
In the letter, however, you do not want to state that you take back your resignation, or anything to that effect.
It should simply be just about your desire to remain with the company and that you have no intention of quitting.
As for being let go for this act, unfortunately, I must tell you, that as long as you are not part of a union, or have something that states you can only be fired for cause (something in your employment contract), then they would be legally allowed to terminate your employment. I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair of you to provide you with anything less.
im at work can i talk to u on my break
Yes, that is fine. Just post a message here and I will respond to you as soon as I can.
what if they dont accept my letter stating of my intensions not to quit
There are two main points concerning that. The first concerns your job, the second concerns your unemployment benefits.
Do you know if you are part of a union or if you have an employment contract which states you can only be fired for cause?
Because if you are an at will employee, they do not have to accept the letter. They are allowed to terminate you. However, for the purposes of unemployment, if you send the letter via email or mail it certified return receipt, then you will have proof that they got it
Thus, you would not have lost your job through fault of your own.
not in an union and only can be fired for causing intensional harm to a patient
Oh, so if you can only be fired for cause, then things get a lot easier.
how is that
Then, just send that letter via email or certified return receipt and state that you have no intention of quitting. Then, if they stop paying you for coming in, you would have a breach of contract claim.
Because you are basically saying that you never actually intended to resign.
As they have nothing in writing stating that you intend to resign, and you have not abandoned your job, then you can keep coming into work.
If they decide to terminate you, you would have a breach of contract claim. If they don't schedule you, you have a constructive termination claim.
do i email through company web site
You would want to send an email stating you don't understand why the company thinks you are resigning since that is not your intention. You would want to send that to the manager, to hr, and to anyone else you can think of. You want some kind of papertrail stating look they got this. I sent it to the same place where they get all of their other stuff...
You can even state that on such and such a date yuou specifically told your manager that you had no interest in resigning.
ok and wut if they don't send me a receipt
Have you ever sent a letter before certified return receipt?
They have to sign for it, like any package you would get from ups
They do not know what the letter contains until they have signed for it
but today is my last day
the post office then sends you a little green confirmation thing that says, yep, they got it!
When did you give the verbal resignation?
three weeks ago but she said she didnt want me to lose my job so she was going to transfer me instead but it was denied then she told me she need it im writing i told her i wasnt going to do it but she keeped insisting
She keeps insisting because that is the only way to protect the company from a lawsuit if you are a for cause employee.
So, at this stage, because you waited so long, things get a little bit trickier. What you may want to consider doing right now is calling a few employment attorneys off of www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. Then have them call the HR department right now and have them admit to an attorney that they are terminating you because you have no intention of quitting.
If you decide not to go with an attorney, you need to go to HR and explain to them that you have no intention of quitting and that they need to terminate your employment if they do not want you to come in tomorrow
You should also send that email
Because you will want something very definitive stating that you have no intention of quitting.
Which again, can be done by getting an attorney involved, or by putting something in writing which can be shown that they received it.
i have a meeting at three with my manager and the regional manager today
Who actually heard you resign?
just the manager
So, a verbal resignation can be binding on an employee. The reason they are going through all of these steps is because if you claim you never resigned you can sue the company. Thus, they want it in writing, and they want you to admit to multiple people that you resigned.
If you do not do this, you cannot be forced to resign.
So, in the meeting, you can explain that you do not understand why you think the manager thinks you want to resign. You can explain to the regional manager that you really like your job, really like working there, and explain that you told the manager multiple times that you had no interest in resigning.
so in other words dont sign anything
Unless they are offering you an amazing severance package, and you are okay getting that severance over unemployment (which comes out to about $1,800 a month) then signing anything would not be a good idea.
ok what if they pressure me in doing it
Once you sign something that says release in full, or something that says you resign, then you are out of luck.
You can try to argue that you signed under duress, but it will be your word versus theirs
and absent proof that they had a gun to your head, you will likely not prevail on those grounds
Just know your rights in this manner, and don't let them bully you into signing anything.
If they touch you in any way, then you would have additional claims for battery against either of them.
ok i have to go back in can i talk to u later
You definitely can, however, I have to be in a mediation this afternoon so I cannot guarantee that I will be available immediately when you need me.
However, if you post a response, I can definitely respond to you as soon as I can.
When do you think you will need to talk to me again?
maybe after my meeting
Feel free to post a response and I will respond to you as soon as I can.
Not a problem.
how much is this costing me
You have paid a one time fee to the website. I believe that amount is around $51 (though I cannot tell you for sure) Once you provide a positive rating to me, I will receive a small fraction of that for assisting you today. Unless you decide to leave me a bonus, you will not be charged any additional money for our conversations today.
how much is that
How much is the bonus? That would be entirely up to you. You can leave anywhere from $1 to $100
and for the conversation
Only you and the website know what you agreed to pay originally. If you want an exact amount, you can contact customer service. However, if I was to guess I would say that you agreed to pay $51.
You can also likely look at your credit card statement that you used as it will likely show a deduction of $51
or an amount near that
i was let go on grounds of my verble two weeks
Did you admit that you had given the verbal resignation in the meeting?
Before you leave today you will want to make sure that you send something in writing to HR stating that you had no intention of resigning and that you see this as termination. Then, you will want to speak to an employment attorney in your area. Again, while a verbal resignation is binding, if no one but you and a manager heard it, then it will be very difficult to prove that it in fact took place.
Then, look at your employment contract to see if it says that any resignation must be in writing. If so, go to www.Martindale.com and talk to an employment attorney in your area to file a wrongful termination lawsuit on your behalf.
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