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John, Attorney
Category: California Employment Law
Satisfied Customers: 5568
Experience:  Licensed and practicing attorney.
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I have accepted a job offer and am giving my current

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I have accepted a job offer and am giving my current employer a four day notice. (I gave them the notice Monday, saying that my last day of work was Thursday because I was not scheduled to work on Friday or Saturday.) My supervisor told me they would need to list my reason for leaving as abandoment of job because they had already scheduled me for next week. Can they do this? I do not consider myself abandoning my job because I am giving them notice, with a formal letter. I worked there for 3 months.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  John replied 1 year ago.

The employer is free to list, internally, your reason for termination any way it wants. The law has no bearing on this. It is only when they report or convey that to others (in a job reference for example) where it becomes potentially illegal. For example, if they just told another employer in a reference that you "abandoned" your position, that could open them to liability for defamation. In California, you do have a right to a copy of you personnel file, but you do not have the right to dispute its contents generally. What you could do however, is demand a copy of the file in a month or so. See if that was placed in your record. Then send them a letter explaining your side of the story and demanding they retract the "abandonment" or, alternatively, include your explanation of the termination in the file. Keep a copy of that letter in case anything ever happens and make sure it is mailed certified mail so you know they got a copy; they cannot deny it.

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