Legal Question in Employment Law in California

unfair practices

I was working part-time for one of the investment banking firms in the area understanding that the position would evolve into full-time eventually. Well, six month later I was offered a position by this department that they knew I wouldn't be interested in (different from waht I was doing). Besides, the salary offered was not competitive. I refused the offer; since then two things have happened: the department has interviewed internally a person for a position that I was hoping for (but was told as I was leaving that there was no need for that position), number two -- I applied to another department within the company, but was not even interviewed (as one of the insiders have told me it was strange for them to see that I was let go).

I have asked my employer for a letter of termination, and he told me that I resigned...

Am I being treated unfairly ?


Asked on 4/10/00, 11:46 am

1 Answer from Attorneys
Roger Renfro Renfro & Associates Law Corporation

Re: unfair practices

This response assumes you work in California for a California employer. What you describe happened to you is not all that uncommon in the securities industry, or many other industries as a matter of fact. Consequently, California recently amended its Labor Code to allow an employee/former employee to add a letter of explanation or complaint to be incorporated into his/her personnel file as a permanent record. Thus, even though you may not be able to convince the company to re-employ you, you do have the legal right to review your personnel file, retain copies of any document in the file you have initialled or signed, and place a letter in the file in case a future employer inquiry occurs. Unfortunately the school of hard knocks teaches tough lessons, but unlike the lessons learned in formal education, these "hard knocks" lessons somehow are easier to recall for future reference and use. Good Luck on your next position.

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Answered on 4/24/00, 5:54 pm


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