Legal Question in Employment Law in California
If I wasn't terminated, what was it?
I had a supervisor who was written up for performance & attendance issues. On Friday, she submitted her resignation, as she found a job as a manager with a competitor. My boss told me we have to save her because she will fail in her new job. I insisted we were better off letting her go out with a promotion, rather than terminating her from her position.
On Monday, I was told to pack my desk and take the next day off so another position within the company could be found for me. It was repeated several times, that I was not terminated. On Wednesday I was told, �I changed my mind, there is no place for you.� When I asked what to say during an interview, I was told, �I�d be willing to call it a lay-off for you.�
The previous Thursday I was told I was doing a great job, on Monday, I no longer had a job. Why are they so mindful to repeat it wasn�t a termination? Can I be laid-off if my position is being back-filled? Do I have any recourse?
2 Answers from Attorneys
Re: If I wasn't terminated, what was it?
Your options are limited, as you are an "at will" employee. An attorney may be able to negotiate a modest severance package, using the implied threat of litigation.
Re: If I wasn't terminated, what was it?
I can't speculate about the motivations for your employer's behvior except maybe they are trying to make the distinction for unemployment benefits' sake. Regardless, you have been fired and are eligable for unemplyment.
Good luck and remember 60% of people who loose their job get a better one-Martin
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