Legal Question in Employment Law in California

Constructive Termination

Due to a merger and reshuffling of responsibilities at the firm for which I have been working for many years, my position has essentially been eliminated as redundant. After two months I have not yet been laid off nor reassigned. I have been given no indication from my supervisor on what they plan to do except that he'll get back to me. I continue to come to work and they continue to pay me. The firm has a written severance payment policy which I would be eligible for if laid off. Because this amount would be substantial, it appears they are hoping I will resign voluntarily. If I do resign do I have rights to severance pay?


Asked on 3/17/01, 1:10 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Constructive Termination

Probably not. Severance pay is not required by law unless it is subject to an established plan or contract. If this is the case, the employer's qualifying terms are strictly construed. It is not likely that resigning will enable you to get severance. The situation you describe would not justify a "constructive termination" claim, under California law.

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Answered on 5/27/01, 10:35 am


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