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  1. #1
    Join Date
    Dec 2013
    Posts
    4

    Default Termination But Employer Later Labeled It As a "Resignation"

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

    Worked at medical office: 3 years
    Positive performance reviews and raises

    I was handed a termination letter which stated that my employment with the company has decidedly ended (the doctors' decision) the Wednesday before Thanksgiving. The HR manager gave me the letter which cited several different reasons, including outlining the fact that I have been complaining about not getting lunch breaks (I was only able to have short lunch breaks 5 times on average in every 2 week period, when by law they have to let me have lunch every day for at least 30 minutes in a 5 hour work day) This was clear to me, and when I brought it up as a problem the response was "we would love to help you but the doctor's schedule is not going to change and allow for lunch breaks so you will have to figure it out yourself"

    So, I just started taking lunch breaks for the past 4 months even though there was work in front of me, patients in the waiting room, and things I needed to do in terms of immediate work duties. I knew that leaving the office to take the lunch break was legally my right, but I also knew that I would be reprimanded for not doing certain work duties that I had to do since there were still patients in the office etc. Again, there was no negotiating or discussion available to me of how to help me get a break without interfering with the work I had to do, even though I brought it up on more than one occasion. So, they said my work performance declined after that, and in the termination letter it states several different things that they cited as "poor work performance" and the manager said they'd be restructuring my position and training two current employees to divide up my work amongst them instead of hiring a replacement for my full time position. (I saw this as them being able to save money on benefits, 401K etc...) But this part was NOT in writing, she just mentioned that was the intention of the practice upon my termination.

    Once I received the letter I realized there was no official termination date and a lawyer told me that is interpreted as "terminated immediately"

    I think they left an open-ended termination date because they wanted me to go into work on Monday to begin training my replacements, but I had no written assurance that I'd be paid, or that I'd be working under a contract temp type job or anything. Just the termination letter saying my employment was ended due to poor performance. Instead of going to work Monday, I applied for unemployment insurance benefits and wrote an email to the HR manager and the doctor I worked for to tell them this, and to respond to the termination letter saying it was a pleasure working at the company and to please let me know how/when I can pick up my belongings from the office.

    The HR manager responded two days later with another letter saying that since I did not arrive to work on Monday (the Monday after the Thanksgiving holiday break) that I affectively "resigned" and that she would be sending me my last paycheck and all of my belongings in the mail.

    I spoke with a different lawyer via email and he said it sounded like they will contest the unemployment insurance benefits but that I could appeal and likely win. Does this sound familiar to anybody? I have never been fired or resigned from a job before (I have been laid off once, properly, and given unemployment until I found this job I was just terminated from) and I have never used a lawyer for any reason. He also said I may have a case of wrongful termination due to my complaint about not getting lunch breaks, and then when I started taking lunch breaks, being terminated.

    I feel that my previous employer was trying to get me to stay at the job (which is why they did not put a set termination date on the termination letter) so that I'd show up to work and begin training my replacements willingly, and then hoping I would leave willingly and not have to pay me UI benefits etc... because I have heard them talk about how they do not give anyone UI benefits because they don't want to pay the extra penalties/taxes on it (this was a conversation I overheard a year ago)

    Additionally, they never gave me anything in writing saying I'd be given severance or anything like that - they never promised anything, and it was more of my understanding that they just wanted to try to convince me to train these people and leave on my own terms.

    I really appreciate if anyone has any feedback on my legal rights, on if I have any type of claims against them, or any comments at all about the legality of the entire situation.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Termination but Hr Later Labeled As "Resignation"

    If you have been taking lunch breaks for 4 months, and nothing happened during those 4 months, it may be difficult to claim retaliation.

    You missed one day of work, too - that in and of itself is a legitimate reason to fire you, and to assume that you've effectively resigned.

  3. #3
    Join Date
    Dec 2013
    Posts
    4

    Default Re: Termination but Hr Later Labeled As "Resignation"

    I'm not sure you read through the entire thread. I was handed a termination letter on the Wednesday before Thanksgiving stating that my employment with the company has been terminated. Where am I supposed to glean from that that I am supposed to return to work the following Monday?

    Also, during the 4 months that I was taking lunch breaks, the HR manager called me into her office several times saying that there have been complaints about my performance which I directly relate to leaving the office for lunch when there was immediate work to be done.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Termination but Hr Later Labeled As "Resignation"

    chances are you will be approved for unemployment. I see no basis for illegal termination though.

    Apparently you did not have the authority to take lunch whenever you wanted to and no, you do not have a right to do as you choose. If the law is being violated, you have a right to file a complaint with the DLSE and let them deal with the violation.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Termination but Hr Later Labeled As "Resignation"

    It's not an illegal term by any stretch of the imagination. Fwiw, the employer is under no obligation to give you a severance.

    I'm curious as to the actual wording of that letter.

  6. #6
    Join Date
    Dec 2013
    Posts
    4

    Default Re: Termination but Hr Later Labeled As "Resignation"

    The actual wording:

    "We have concluded that the employment relationship must end."

    Didn't have a date though. And I wasn't given a date verbally. And there is no wording in the termination letter that says I have to go to work the next week or anything like that. I guess that part was supposed to be assumed on my part, but I'm not the type of person to assume such things after a meeting like that...

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