What is the name of your state? California
I worked as a salaried management employee of major US corporation for six months. Last December, I was arrested near my home one night for a DUI. This occured during my "off time" and was not in the scope of my employment. Because of my out-of-state driver license and vehicle registration, I was unable to secure release until late the following morning, after the time I was supposed to have reported to work. I called my supervisor as soon as I had access to my cell phone. He told me to take the day off, but to return to work the following day. When I returned to work, I was instructed to resign immediately, that second, or be fired and have a termination on my record. I was given no time to consider any options and was told that I would not be allowed to resign at all unless I did so that very second.
I expressed my concern that a provision of my relocation contract required the repayment of relocation expenses if I resigned within a certain period of time after being hired, and that I didn't know from memory the exact time period specified. My boss told me that this was a legitimate concern and that if I agreed to the immediate resignation, that I would officially remain on the company's books, without compensation, until the repayment agreement was no longer in effect. He would not provide me with a copy of the agreement I had signed for review, however.
I was also instructed that it was company policy to only provide information to future employers confirming my having worked worked there and my resignation, and no performace information. I chose to resign immediately, with my only other choice being to face a termination.
As it turned out, the repayment agreement specified that I had to work with the company for two years and I was contacted by my former employer's collections department shortly after my resignation, demanding over $13,000. To add insult to injury, it has become clear to me that my former supervisor, who I provided as a reference to at least several prospective employers, has violated his company policy, not only providing negative information about me to at least one employer, but has also lied, indicating that I was really fired, not that I resigned.
Nearly six months have passed and I have been unable to secure constructive employment. Do I have any case against my former employer or the supervisor in question?
I worked as a salaried management employee of major US corporation for six months. Last December, I was arrested near my home one night for a DUI. This occured during my "off time" and was not in the scope of my employment. Because of my out-of-state driver license and vehicle registration, I was unable to secure release until late the following morning, after the time I was supposed to have reported to work. I called my supervisor as soon as I had access to my cell phone. He told me to take the day off, but to return to work the following day. When I returned to work, I was instructed to resign immediately, that second, or be fired and have a termination on my record. I was given no time to consider any options and was told that I would not be allowed to resign at all unless I did so that very second.
I expressed my concern that a provision of my relocation contract required the repayment of relocation expenses if I resigned within a certain period of time after being hired, and that I didn't know from memory the exact time period specified. My boss told me that this was a legitimate concern and that if I agreed to the immediate resignation, that I would officially remain on the company's books, without compensation, until the repayment agreement was no longer in effect. He would not provide me with a copy of the agreement I had signed for review, however.
I was also instructed that it was company policy to only provide information to future employers confirming my having worked worked there and my resignation, and no performace information. I chose to resign immediately, with my only other choice being to face a termination.
As it turned out, the repayment agreement specified that I had to work with the company for two years and I was contacted by my former employer's collections department shortly after my resignation, demanding over $13,000. To add insult to injury, it has become clear to me that my former supervisor, who I provided as a reference to at least several prospective employers, has violated his company policy, not only providing negative information about me to at least one employer, but has also lied, indicating that I was really fired, not that I resigned.
Nearly six months have passed and I have been unable to secure constructive employment. Do I have any case against my former employer or the supervisor in question?
