Legal Question in Employment Law in California

I am going through a Divorce and after court I went back to employer and stated that my husband and I might be reconciling and if that was to happen that I might be moving out of state. I told him that if it should happen that I would give him ample time to hire and train someone if need be. I was in turn given a letter stating that he decided what day will be my last day and that I couldn't rescind my resignation - I never gave him an affirmative answer that I was leaving just that it might happen, What can I do because as of Sept 1st I have no job. He has hired someone in my spot with out my giving a verbal date or stating that I'm leaving.


Asked on 8/03/09, 9:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Unless you are in a union [unlikely from your description], or have an actual written employment agreement, you are an 'at will' employee that can be fired any time for any reason. You gave them an excuse when you said you weren't a fully committed long term employee. Sorry, you found that your employer is not sympathetic or 'fair'. An attorney might be able to negotiate a severance / settlement package for you, based upon the implied threat of litigation his letter would convey, but that is not guaranteed, especially since it sounds like you got 30 days notice, or at least you're to be paid til then.

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Answered on 8/03/09, 9:13 pm


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