Legal Question in Employment Law in California

Willful Negligence and forced to resign.
I went to HR and the Sr. VP of our dept in October 2001, who were aware that my supervisor should not be supervising. I was told they were taking care of it, and should be resolved by January 1. At end of February, after a poor performance evaluation (which I did not sign, but did attach my comments) and what seemed like non-discriminatory harrassment, I called EAP and started going to counseling. I also went to my personal Dr. and was put me on a medical leave for ''significant health problems'' (high blood pressure was one).

Two days prior to the Dr.'s appointment, I asked to have an ''informal'' meeting with the Sr. VP. I told him I had decided to resign, but would be willing to work for a couple of months to finish up my projects, if I reported directly to him. I had made a short list of things I wanted to say, in case I got too emotional, so it was in writing (informally and unsigned or dated).

When my Dr. put me on a medical leave, I e-mailed HR, the Sr. VP and the new Director to let them know since I hadn't officially resigned, I didn't want to make a major decision.

They held me to the informal resignation and paid me for two months. I gave up a $72,000/year job. Do I have a case for willfull negligence?

Asked on 4/04/02, 8:58 am

Ken Koury Kenneth P. Koury, Esq.

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Re: Willful Negligence and forced to resign.

No, not even close, even if there were such a thing as willful negligence.

Answered on 4/04/02, 4:01 pm

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