Quit or Wait to Be Fired

[snavemom]

My question involves labor and employment law for the state of: California

My son has worked at a job for 6 years - good employee. No problems.

Outside the job on his own time, he was arrested and is now facing some jail time. (arson charge - he lit a newspaper on fire at a bus stop) No damage - no injuries.

He was honest with his employer and told them (I didn't want him to but he thought he had a good working relationship with them) they have suspended him without pay. He has a court date on March 12 where he will know more of his future.

Until then, he wants to know if he has his job or what. His manager told him it doesn't look good and that he should just quit. and that they will give him a good recommendation.

On the other hand, if he quits, with his legal problems and the bad job market, he would rather just let them fire him.

He thinks he could get unemployment. Does anyone know if he could?

Is it wise to just let them fire you? Or do all employers try to trick some into quitting so they won't be able to collect unemployment?

Its a shame because he was a good worker. He did a horribly dumb think and its going to cost him a lot.

Thanks

[cbg]

No, "all employers" do not try to "trick you" into quitting. He cannot be forced to quit. But given the circumstances, whether he quits or waits to be fired, unemployment is doubtful. I'm not saying he won't get it but it's by no means a sure thing.

Up to him.

[snavemom]

Thank you.

Yes he knows this and has decided to just let them fire him. and to just take his chances on unemployment. If he gets it or not...he knows the risk.

Today he is calling the corporate office and getting the low down on it all with them. Thus far, he has only talked to his manager who says it doesn't look good, but he wants more information and wants to know what he's dealing with.

Its all this waiting around that drives us crazy. Is he going to jail? Does he have a job or not? Fortunately he does have savings, he is living off of right now and no debt.

[yard-dart]

I am in a simliar situation and understand the privacy act protects Him from a bad recommendation by the company. All they can say is what time He worked from and to. If He resigns He has no further recourse of any type(e.g. wrongful termination). He should wait to be fired since they may not fire Him depending on How things go. He should file for unemployment and the company must show up to deny it and may not convince the board to deny it. Take the money . The company just wants as easy seperation .

[cbg]

the privacy act protects Him from a bad recommendation by the company. All they can say is what time He worked from and to.

That is completely false. No such law exists in any state. There is no "privacy act" in the US that prohibits employers from giving truthful references, even if they are negative. In all 50 states, the employer may give out any information that is true, that they have a good faith belief is true, or that represents their honest and supportable opinion.

Many employers have instituted a policy of only giving out employment dates, but that is a policy, not a law.