Legal Question in Employment Law in California
Leaving an employeement during a leave of absent
The legal question pertains to the follow:
Person A works for a City of B and part of a Union. They took an unpaid leave of absence for month and half. During that period, they found another Job and accepted the employment. Gave the previous manager and Director a verbal resignation and also could not fulfill any advice notice, i.e. two week notices. Off course City of B was displeased. Within a few days, the City of B lawyer called and left a message to talk to Person A. A little concern about the lawyer calling and Person A has not responded yet.
Questions:
1) Was there anything wrong with what Person A did in resigning?
2) Is there anything to be concerned about?
3) What advice do you have for Person A?
1 Answer from Attorneys
Re: Leaving an employeement during a leave of absent
Your questions are impossible to answer without knowing more facts. The biggest unknown is reason for the attorney calling in the first place. It might be employment related or it might just be a legal matter in which the former employee is a witness.
You can resign a position any time. Did Person A do anything wrong? Probably not, but there are a number of questions that might be relevant: was there a written contract? was there a signing bonus contingent upon a certain number of years worked?
Is there anything to be concerned about? Perhaps, but Person A won't know until he or she responds. It could be nothing. Maybe they just want a set of keys back. It could be major. Maybe they think property was stolen.
It sounds a little premature to retain an attorney, but it doesn't hurt to meet with a local business attorney to get some general advice first. This forum does not provide for many of the facts to be posted, so I would find a local attorney that can spend more time with Person A to get the full story. If nothing else, Person A can return the call and see what it is about and get information. If they start making threats, terminate the call the retain counsel.
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