Can my employer demand my resignation?
UPDATED: Oct 1, 2022
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Can my employer demand my resignation?
About 2 months ago I told my boss I was done letting him mistreat me in the workplace and was ready to walk out at will but was talked out of it by his wife who loves me. I calmed down and told her I would give her 2 months to look for a replacement for my position so I would have time to train them before I left. A couple weeks later I found out I was pregnant and I let my bosses know and I apologized for my outburst from a couple weeks back and they said everything was forgotten and that everything was ok. However they still went on to hire a new girl for me to train and I have been training her for the past month or so. Just last week, only 1 week from the end of the month of April, my boss called me in his office and asked if we were still on for the end of the month, referring to my last day of employment. Confused, as he had said everything was forgotten, I said ‘it’s up to you, you need to let me know.’ He then proceeded to say ‘let’s just see how this week goes and let’s plan for the end of the month’. I ended up just agreeing with him because I was shocked that he still wanted me to leave by the end of the month. However there was never any paperwork filed against me back in February when I said I was done, nor anytime after that. I asked them if they could please write me a letter stating my benefits would be terminated as of April 30 since I am now pregnant and my husband needs to add me to his insurance. Since it is not open enrollment his company needs this letter as an exception to the rule so they can add me on. But now my boss keeps demanding a give him a resignation letter and wont give me the letter I requested in regards to my benefits being terminated. Is there anything I should do since I feel they are firing me?
Asked on April 29, 2019 under Employment Labor Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
They can ask that you resign but cannot compel you to resign: resignation is voluntary.
They do have the right to terminate you, of course, and may do so at any time, without prior warning or notice if they choose, unless you have a written employment contract guarantying your job for some period of time or preventing termination in some applicable way.
You are an employee until and unless terminated. They do not need to give you a letter in advance of termination stating when your benefits will terminate if they do not, because as stated, you remain an employee until they actually do fire you (if they do) and do not have to schedule any termination in advance--they can wait until they actually do it.
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