Legal Question in Employment Law in California
Resignation vs. Layoff
In Aug. I submitted my resignation. My company convinced me to stay through to Jan. with the agreement that it would be re-addressed mid-january (to discuss a possible extension if needed). In mid-Dec., I started asking them what their needs were as I needed to start making other arrangements and addressing other opportunities. My mananger asked me to stay on until the end of our FY - or June. I agreed. This past week, my manager was laid off and as well, the majority of my group. HR then asked me to stay until the end of Jan to transition my duties to another group. I then asked if I would receive a layoff package. (Co. has over 50 employees) - they said no, my resignation would stay. It was a verbal agreement with my manager but HR was aware & in agreement in Dec of my extension. HR told him to put in writing new agreement dates but he was laid off before he did. HR is telling me boss had no right to agree to June terms as he was going to be laid off (yet he did not know he was). Do I qualify for layoff package? or is my resignation binding despite the fact they talked me into staying on longer?
2 Answers from Attorneys
Re: Resignation vs. Layoff
The law does not require employers to pay severance, unless there is a fixed plan in place and you meet all the requirements of that plan. The employer only has to pay for hours worked and benefits accrued.
Re: Resignation vs. Layoff
There are a couple of questions here -- one, whether you can enforce the terms of the agreement you had with your manager (will your manager back you up -- as to the terms, and was severance specifically discussed); the other question is whether you gave up anything relying on their promise -- did you forego other opportunities -- would you have made more money from the severance if you had taken it, than you did by continuing to work there; I guess there's a third question as well, and that would have to do with determining whether the severance was something given all employees. . . these facts need to be fleshed out before this question can be answered. Now to a real world issue -- does the company really want to fight a lawsuit over this; you may be able to get the severance with a lawyer -- b/c the company might not want to spend the money defending this kind of lawsuit -- feel free to call at 415-522-5200 or email me at my email below. Good luck.
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