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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20183
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have just decided to resign from Kaiser Permanente, after

Customer Question

I have just decided to resign from Kaiser Permanente, after working 9 years with them and a total of 18 years at that hospital (before it was Kaiser). Only 1-2 weeks ago, I received an extremely negative annual evaluation (the lowest possible, extremely unfair and exaggerated), and that gave me the strong hit that it's time to leave. I just prepared a resignation letter and am planning to send it tomorrow, so that it will be a little over 2 weeks notice. My questions are: 1) After emailing the resignation letter to my managers, should I write a letter to defend myself in the annual evaluation on the points they attacked me unfairly? 2) Should I first send the resignation letter? I am scheduled to work on January 25th next, but am planning to resign on January 24th. Will this work for me?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Are you still there?
JA: No. I'm the Lawyer's Assistant.
Customer: Southern California
JA: Has anything been filed or reported?
Customer: My director who filled out my annual evaluation left on an out of country vacation and is returning to work on Jan 5th. Meanwhile, the supervisor had me sign it, but the director still has to do the final signature. When I signed it, I wrote a statement on it that "I highly disagree with this evaluation, as I do not believe it is accurate".
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would take any advice from her, before I send in my resignation form.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question and I am sorry to read about your situation. It is really a personal choice in what order you would like to submit a rebuttal to your evaluation and your resignation letter. However, usually, someone who was thinking of staying would submit a rebuttal letter first and then if there was no relief from the evaluation, submit their resignation. In this case, if you have already decided to leave, then you could, if you were writing both and submitting them in the same fashion (personal letter/memo delivered or email) you could just submit them together. I wouldn't see as much advantage to resigning first and then submitting rebuttal. Probably better for affect and timing to either submit rebuttal first or at least contemporaneously with your resignation letter.

Just as an aside, if you are employed "at will," once you submit your resignation letter, the employer can, if they choose, accept it effective immediately. In other words, they are not required to let you serve out the two weeks notice since it isn't required to be given, by either party, under an "at will" employment arrangement. They might not do that since you are a medical professional, but they could so I just want you to be aware of that.

Please feel free to ask follow up questions if you have them. If none, then if you could let me know that I answered your questions and then take a moment to leave a positive rating in the ratings box above, the Site will then give me credit for assisting you today. Thank you

Customer: replied 5 months ago.
Could I get back to you later today?
Expert:  Marsha411JD replied 5 months ago.

Sure, no problem. Whenever you can and then I will respond as soon as I am available.

Customer: replied 5 months ago.
Thanks for the info. Sorry for the late reply.... I turned in my resigation letter Thursday night, and they confirmed they reveived it, and asked me to return the key, badge and lab coats. I had to hurry up and send the letter at least 14 days before resignation date. But I haven't had time to write the rebutal because I've been working every day since (at my other job). Was planning to turn it in before return all the things. Sometimes I still wonder if I may cause even more trouble with the rebutal, knowing how crazy that manager is..... could she refuse to take it? She is so unpredictable...
Expert:  Marsha411JD replied 5 months ago.

Not a problem and thank you for replying. I can't say how your employer, or manager, will react, so you have to weigh whether or not it is worth it to submit a rebuttal to have in your record. California law doesn't technically require an employer to allow employees to submit rebuttals to be included in the personnel file, but many employers do allow it. I would not, however, submit it to your manager. I would submit it to HR. They have access to your personnel file and will ensure that it is included in your file if the company allows it for all employees.

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 5th and 9th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. I will be away from my computer for about 5 days starting on the 11th, but will reply as soon as I am able to after that. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Customer: replied 5 months ago.
I have started writing my rebuttal letter to my evaluation. I think my next issue will be who should I address it to? Human Resources?
Expert:  Marsha411JD replied 5 months ago.

I apologize for the delay in getting back to you, as I was in the hospital for a week and could not access my computer (nor was I likely capable of answering questions even if I had it). In any event, if you have not already sent your rebuttal letter, you would usually just submit that to HR. They will handle it properly.