My work is relocating to Orange County, I live in El Segundo. I had the opportiuty to go to Orange County. But I feel the commute would be too far to be away from my 4 kids, that go to 3 different schools. I was asked to write a resignation letter and to train another person to take my place? My boss said, if I don't write the letter or train the other person, I would not get my last pay check and I would get a bad reference, and I might not be able to collect unemployment. Can my boss do what she said, she would do?.
2007-03-09 08:18:46 · 7 answers · asked by Lost job...due to relocating 1 in Business & Finance ➔ Careers & Employment
Nope, your boss cannot force you to resign!!!
Orange county is a long commute.
Do you really like where you live?
of course you do, El Sdgundo is such a cool little homey town!
Have you checked out housing in OC? do you own or rent?
have you had a family meeting?
Can you get a job here?
You have to support your family.
I would call HR and ask them about what your boss is doing.
Consider all your options before you sign a resignation.
Do you have another job?
Don't quit until you do.
Do they offer a Van Pool?
think, take 2 weeks and think it over.
2007-03-09 08:23:50 · answer #1 · answered by Lilly 5 · 0⤊ 0⤋
Call the labor board and ask them. Do not give them a resignation letter as you are not resigning. Tell your boss that since the company is laying you off you need a notice from them of the relocation and lay off of you. They can not deny your unemployment benefits to the state of California. It's not their decision to make. But if you have a notice from the company of their decision to move then you have documentation of whether or not you quit or were laid off. It will also come in handy for future jobs in case they start playing games with you.
What an employer can do is offer the employees a severance package if they do not move with the company. Part of that severance involves you signing a release of claims (you can't sue them for anything after you leave) and a condition that you have to work for them until the last day that they are going to be located in El Segundo. This would include training a replacement for your job.
They can not with hold your last paycheck, no matter what the circumstances are. Labor board and wage and labor office will tell you that.
2007-03-09 19:00:25 · answer #2 · answered by hr4me 7 · 0⤊ 0⤋
Your boss can not withhold your paycheck. That is a violation of both state and federal law. Fines for employers in California range up to $300/day for nonpayment of wages. By the way, nonpayment of wages is the single largest cause of action against employers. In California the employer never wins those suits.
Your boss can ask you to train a replacement.That's legitimate and within his power to demand.
With respect to a letter of reference, all any new employer is going to look at is the time you were employed, that is verification of dates.
If your employer writes a "bad letter of reference" you can sue him for every nickle and there are plenty of contingency attorneys in the south bay area that will help you.
Over all, your employer sounds like a moron and a bully. You are better off out of there.
2007-03-09 16:27:28 · answer #3 · answered by fredrick z 5 · 1⤊ 0⤋
They can ask, but you don't have to comply unless they have it in writing in your employee agreement. Many companies that are outsourcing to other areas or countries make an offer to their employees such as, if they train their replacement they will receive 6 months severance pay. If they won't train their replacement - there's the door.
Also, you do not have to take their reference, good or bad. If as future employer calls to verify previous employment, without your permission they cannot give any information other than the dates of employment and they are obligated to be truthful with that information. If it continues and they do go through with it, you may want to consult an attorney. As for unemployement you would have to refer to your states rules for it, here in MI if you are fired or quit you cannot receive unemployment, but you can receive it you were laid off due to lack of work.
2007-03-09 16:28:24 · answer #4 · answered by Amy V 4 · 1⤊ 0⤋
He can not withhold a paycheck, nor can he give you a bad reference. All he can do is verify the time you were employed. Any comments about your character, and he can be sued for degradation of character. I would be careful with the resignation letter, because that is saying you quit, and not that you were fired, or let go.
review this site, it has good info, and links to various state laws. Every state is differnt. http://jobsearch.about.com/od/unemployment/a/unemployment.htm
2007-03-09 16:26:39 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No he can't!!!!! Cal the Labor Board.. He can not with hold your last pay.. he's trying to get the company out from under having to pay you unemployment bennies.... if you are laid off due to relocation you can apply for unemployment.
2007-03-09 16:24:17 · answer #6 · answered by larsgirl 4 · 1⤊ 0⤋
She can ask you for a letter of resignation, but mandating you to train your replacement is a little weird. But back to your question, she can but it is unethical. If you didn't agree to that in your employment contract, I would fight it.
2007-03-09 16:25:07 · answer #7 · answered by Jack 2 · 0⤊ 0⤋