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Subject:
Resignation/Firing in Calif
Category: Business and Money > Employment Asked by: thankslots-ga List Price: $5.00 |
Posted:
04 Sep 2005 09:59 PDT
Expires: 04 Oct 2005 09:59 PDT Question ID: 564190 |
I submitted my resignation with 30 days notice. My employer said she would accept, but I could go in 2 weeks and they would not pay the other 2 weeks. It appears to me that in not accepting my resignation as presented, she fired me with 2 weeks notice. Is this an accurate assumption? Can I be fired because I resigned, or is this "constructive dismissal?" |
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There is no answer at this time. |
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Subject:
Re: Resignation/Firing in Calif
From: efn-ga on 04 Sep 2005 23:06 PDT |
I agree with your interpretation that you were fired with two weeks notice. I can't tell whether you have a case for wrongful termination. You may be interested in this discussion: http://members.cruzio.com/~dkane/Wrongful_Termination.html |
Subject:
Re: Resignation/Firing in Calif
From: myoarin-ga on 05 Sep 2005 03:27 PDT |
What kind of an employment contract do you have? Does it require 4 weeks notice by either party? If so, then it would seem that the employer is obligated to pay you for the 4 weeks, although she may allow you to terminate your work within that period. If the contract did not specify 4 weeks notice - or you were hired "at will" - as the following excerpt from Efn-ga's link states, you can be fired for "no good reason". Your giving notice indicates your disinterest in the job, and often employers prefer not to have someone around is planning to leave, thus I expect that she would be within her rights to let you go on two weeks' notice without paying for the additional two weeks. "This is because in California (and most if not all other jurisdictions) employment is presumed to be "at-will." In other words, the employer can usually fire the employee at any time for a good reason, or for no good reason. They just can't fire the employee for a bad reason." Since it seems that you volunteered your resignation without making claims of harassment or another "bad reason" that would preclude the employer's firing you, it seems unlikely that "wrongful termination" applies. Of course, please note in the disclaimer below that this in neither legal or professional advice. Sorry that my comment does not support your wishes. As you know, comments are free and are NOT an official answer to a question - and can be wrong. Regards, Myoarin |
Subject:
Re: Resignation/Firing in Calif
From: thankslots-ga on 05 Sep 2005 10:56 PDT |
Thank you for these replies. >>>Sorry that my comment does not support your wishes. But it does support my wishes in a way... since I am now fired I am eligible for unemployment insurance. No situations are simple. I gave 4 weeks notice out of a good heart and willingness to help the company. They actually need me around for the 4 weeks, and I was happy to help. My employer asked me to go on contract after my "two weeks" on the job as a salaried employee end, so I can complete the work, but at much less money, of course. This seems like exploitation to me, and another good reason to leave this company, right? Again, thanks for your views. |
Subject:
Re: Resignation/Firing in Calif
From: myoarin-ga on 05 Sep 2005 14:13 PDT |
Hey, well, that is a new aspect. Glad it's worked out to your satisfaction. Myoarin |
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