Legal Question in Employment Law in California

I need legal advise about my current situation. Up until Friday, I was working as a General Manager for a retail store. My employer has just attempted to let me go because of discrepancies in my store (something I am not in complete control of). I was fed up with the company, but I did not want a termination on my record, so I asked if I could resign instead. I still have not submitted the resignation papers because technically my position title was still "Assistant Manager" and being liable for inventory should not be one of its responsibilities. While my position title and salary were still technically labeled as "Assistant Manager", I was actually working the General Manager position. The company promised this would change, but after 13 months, still no paperwork was signed. Before I submit my resignation I would like to be compensated for my 13 months of work. If they are going to terminate me based on the responsibilities of a General Manager, I feel they should have at least reflected that in my salary and position title.
In addition, many of my former co-workers have contacted me and told me that they are offering my position for a salary which is $18,000 less than what they were paying me. This leads me to believe they may have wanted to terminate me purely for financial reasons.
Are there any steps I should take to handle this? Should I resign or allow them to terminate me? Would I be able to sue for wrongful termination?
Any help will be greatly appreciated. Thanks!

Asked on 8/30/10, 8:18 pm

Arkady Itkin Law Office of Arkady Itkin

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0 attorneys agreed

Hello.

It's not illegal to terminate someone and hire someone for a lower salary.

When you decide to quit, you have to remember that if you voluntarily leave your job, you will not qualify for unemployment benefits.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

Answered on 9/04/10, 9:04 pm

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