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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I unknowingly violated a company policy by using examples of

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I unknowingly violated a company policy by using examples of my work while looking for a job (our contract is scheduled to end this year) They suspended me while investigating it. They refused my resignation and fired me instead? Do I have any recourse? I am really not fighting to get my job back, even though it seems wrong, all I want to do is quit to avoid the "scarlet Letter"
Good afternoon,

I'm sorry to hear of the situation.

I see this quite often, the employer thinking that they have the right to get the last word in---and the simple fact is that they do not.

There is absolutely no law which states that the resignation of an employee is only valid upon the acceptance of the employer.

Once you turn in your resignation, that is it---you are resigned! Under CA law, when you resign, your employer is obligated to pay your last paycheck, based on the hours that you worked in the last pay period and that is that. They can try and argue that you are fired---but it is not possible to fire someone who is not an employee---which is your status as soon as you resigned.

You have no legal obligation to attend any so called final processing meeting either.

Under CA law, when an employee resigns, they must be paid all unpaid, earned wages within 72 hours (3 days) of the resignation---California Labor Code §202. If, you give more than 72 hours in advance, the employer must pay all such wages on the day of resignation. This payment must include wages for days worked up to and including the last day of work, plus payment for any accrued, unused vacation time.

It is not necessary that your supervisor "accept your resignation". You would be wise to put it in writing that effective immediately you resign. Keep a copy for your self and just place the notice on your boss's desk or leave it with someone in charge---and then just walk out.

Be sure to leave an address where you want your final paycheck sent and that is that.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug
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Customer: replied 5 years ago.
Hi LawTalk,

I have a follow up on the same question. I went to the meeting anyway and my boss (and her boss) said without a doubt that they accepted my resignation. One big sob-fest, everyone was sorry it ended this way...blah...blah...blah. BUT...later that week I received a letter from HR (with my boss' name on it) stating that I was terminated for conduct. I emailed my boss and she said it was a mix-up in the "system" and reassured me that as far as she and her boss were concerned...I resigned and she would even give me a glowing recommendation if I needed it. Not that I don't believe her...but...I really don't want this termination in the system either. Should I contact HR and ask for a letter stating so...or what do you suggest?
Good afternoon,

You might consider asking for the letter of recommendation right now. It needn't be drafted each time you need one, but only once. Now that you are gone, the time is right, and a year from now, the people who are there now and recall the agreement---may be gone.

I wish you well.

You may reply back to me using the Continue the Conversation link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug
LawTalk and other California Employment Law Specialists are ready to help you