Legal Question in Employment Law in California

letter of resignation being requested for a job that hasn't been offered

i am working under a contract that is scheduled to terminate on 31 May. the company i work for has chosen to not offer another contract to me after that date, however, they want me to submit letter of resignation.

i have told them that i will do so if i find other work prior to my end date, however, if i do not find work prior to then, i don't see a need to do so. they have stated that is for my good, because they don't tend to re-hire people without such a letter in their file.

i feel they are trying to prevent me from qualifying for unemployment.

any insight?


Asked on 5/04/07, 2:25 am

3 Answers from Attorneys
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: letter of resignation being requested for a job that hasn't been offered

It would certainly sound to me as though that they may their intention. If you are a contract employee with a definite end date, there should be no reason to sign a resignation letter. Of course reviewing the contract you have with this company would be necessary to evaluate the situation accurately.

I would be willing to discuss some of the issues concerning your experience to see if there may be legal justification to pursue your case.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

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Answered on 5/04/07, 2:28 pm
Thomas Pavone Pavone & Cohen

Re: letter of resignation being requested for a job that hasn't been offered

The California Unemployment Insurance program is designed to provide compensation to individuals unemployed through no fault of their own. Thus a voluntary resignation would disqualify you unless there was a compelling reason requiring you to quit. If the reason for the resignation is that there is no more work available for you and that was clearly detailed in the resignation letter, you would probably be entitled to unemployment compensation if you were otherwise eligible.

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Answered on 5/04/07, 2:37 pm
Terry A. Nelson Nelson & Lawless

Re: letter of resignation being requested for a job that hasn't been offered

You're right. You sign that and you are barred from unemployment benefits.

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Answered on 5/04/07, 1:26 pm


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