Legal Question in Employment Law in California
My employer found out I was looking for another job and now is asking me to have an "end date" and an exit plan for them. First, is this considered a termination? Or if I agree on an end date, is that considered my resignation?
1 Answer from Attorneys
You need to take this a step further before your questions can be answered. You need to get an express determination from them whether they will fire you if you say you want to keep working for them instead of giving an end date and exit plan. If you provide the end date and exit plan as an alternative to being fired on their schedule instead of an agreed one, then it is a termination. Until they expressly say "give us the plan or we'll just fire you," it is totally ambiguous whether it is a "Quit in Anticipation of Discharge" which is considered voluntary, or a "Quit in Lieu of Discharge" which is a termination. Since looking for work is expressly stated in the EDD claims manual not to be grounds for termination for cause, it is important that you make a record of whether they are giving you a choice between an exit plan and being fired, or an exit plan or continuing employment.