Legal Question in Employment Law in California

I have a part time job for 12 years. About a week ago, my manager said my job now requires a full time person. He will offer the job to me if I can work full time otherwise I have to resign so he can post the position. My situation does not permit me to take a full time position. I do not want to resign because 1) they are not offering severance 2). I will not qualify for unemployment benefit. Under this situation what is my right under California Employment law?


Asked on 12/29/13, 3:44 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

You are not required to resign. If they want to fire you and then hire a full time worker, they can do so. They must pay your final check, including all earned and unused vacation or PTO - if applicable - on your last day. Don't resign - it will complicate any effort to get unemployment compensation.

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Answered on 12/30/13, 12:04 pm


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