Legal Question in Employment Law in California

Forced Termination
I have been working with my company for 4 years, I have recently given a 30-day verbal resignation of my management position. I spoke with the HR Rep. expressing my wish to remain with the company in a lower position (one I had previously occupied). They said it would not be a problem. (have had no performance issues and simply want to go back to school, therefor need less responsibility) Now my Store Manager has told me that if I don't remain in my current position I will have to leave the company. I am not allowed to step down. Is this legal??

Asked on 11/30/06, 9:54 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Forced Termination

Is it fair? No. Is it legal? Yes. You must remember that you tendered your resignation. They could terminated you right on the spot. They don't have to you keep working at the company at all, even if you withdrew the resignation.

Talk it over with the store manager and ask why. The manager may simply be misinterpreting a company policy. If you can't work it out with the manager, see the HR Rep again and explain the situation. If necessary, be prepared to take it to a higher level in the company.

Answered on 12/04/06, 4:47 pm

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