Legal Question in Employment Law in California

I will not attempt to answer your questions specifically, nor offer any legal advise, as that is something that should only be done with an attorney, after you have spent some time with him or her discussing the full scenario. Attorneys will ask you many questions before they can begin to address the questions you pose here. This forum is best used for general legal concepts.

Having said that, you need to keep in mind that most employment in California is presumed to be terminable at the will of either the employer or the employee. I believe most experienced employment law attorneys will tell you that whenever an employer believes the employee's interests are not in line with those of the employer, the employer will terminate the relationship. And they can do so, lawfully, as long as no contract is being breached or statute is being violated. Your statement does not indicate that either applies here, so it is not clear what potential claim you are referring to.

We regularly see situations where an employee tells their employer they are thinking of leaving, or even graciously gives advance notice they are leaving, only to find the employer terminates the relationship immediately. They usually do this to avoid potential damage a lame duck employee may cause and do not want an employee around who does not want to be there. This is also legal in at-will employment.

You should also know that what you discuss with human resources is not considered confidential, as it applies to your employment within the company. If the person you speak with believes your boss should know what you share with them, they have the right to tell your boss in the best interest of the company.

Bottom line: You have no control over what the employer may or may not do or how it may designate your separation. You can only control your own actions. You have the right to resign at any time. They have the right to terminate you. I always advise my clients to look out for their own best interests because you know that is what the employer will do.

If you wish to obtain specific legal advise, I suggest you schedule time to meet with an attorney to discuss your situation and options.

What you'd like, and what you'll get, may be two entirely different things. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. You are free to quit any time. They are free to fire you any time - you are an 'at will' employee. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation. The employee's goal should be to keep the employer happy. The employer's goal should be to keep you happy, but they are not obligated to do so., nor to treat you 'fairly', nor to offer you severance, nor to 'lay you off' just because you would like that. You can quit, or you can try to negotiate some termination deal. But, they can, and may, terminate you abruptly 'for cause' any time they learn you don't intend to stay. Now, with that new found education, if you are serious about hiring counsel to help you 'try' to negotiate a termination/severance package, feel free to contact me. I've been doing these for years. IF the company thinks highly of you, and wishes you the best, it may be possible to do so. No guarantees.