Legal Question in Business Law in California

is it legal for an employer to force an employee to resign, by telling them that they can not come back to work but still leaving them on the books as an active employee, and continually asking them if they want to resign to "save face"?


Asked on 3/29/11, 2:48 pm

2 Answers from Attorneys

No. They are illegally trying to coerce you into losing your unemployment benefits. If you have been told not to come back to work, you have been fired. File with the EDD to get your benefits.

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Answered on 3/29/11, 3:04 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree that the employer would like you to resign, as it will tend to reduce their unemployment tax rate, and I agree that it's a dirty trick on you, but I'll be darned if I can find any law making it illegal. Doesn't mean no law exists. I just couldn't find it in the Labor Code or Unemployment Insurance Code.

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Answered on 3/29/11, 5:59 pm


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