Legal Question in Employment Law in California
job seeking
I am a professional, dissatisfied with job. Had meeting with HR director and direct supervisor due to my complaint filed against my supervisor for supporting another employee's harasement of my persona.(there is history of past harasment, in fact the person had gotten suspended for disrupting my work.) He admits that he told me that the other employee derives ''sadistic pleasure in pushing my buttons.'' We have agreed to continue working together and see what happens after this meeting. I told them that I plan to find another job but that I don't intend to leave until I find something that works for me. Can they ask me to leave before I am ready?
1 Answer from Attorneys
Re: job seeking
Yes they can. Employment is presumed to be terminable at the will of either party to an employment relationship. Just as you have chosen to end it, albeit, at some uncertain time, so can they.
You should not have told them you intend to leave. This labels you as a disgruntled, lame duck employee. Many employers have concerns about employees who may do harm to the company or have no desire to be productive, knowing they are going to leave, thus, they may bring the employment to an abrupt end.
In my opinion, your only basis for a claim would be if you could prove that the employer fired you in retaliation for exercising a legal right. It is not clear from the facts presented if that is the case here.
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