Resigning in lieu of Firing.

[HMark35]

I was informed by my employer that they were looking into an incident that could have been cause for termination. Instead, of having the chance of them terminating me, I submitted my resignation. (This was my second resignation. The first one was rescinded because they liked my performance). I also gave them a 45-day notice, and provided them a "last work date".

They subsequently accepted my resignation, but only provided a two-week severance. I was with the company for approximately 1 year, and was three weeks away from being vested and would have received a substantial amount of stock options.

Additionally, there was a 15% performance bonus, which I received during my first six months of employment, (july-dec), but they would only pay 1/2 the amount because I was only there six months.

But since I submitted my resignation during my last six months, this company refused to pay my performance bonus for the months worked (jan-jun), to which I was entitled to.

By the way, I live in California, and I am receiving unemployement benefits. The EDD verified the information on my claim, and everything was okay'd.

 

[loku]

I assume you are questioning whether you are entitled to more than 2 weeks severance and to more of the performance bonus than they are giving you.

As to the severance, there is no legal requirement that an employer give any severance at all; therefore, the amount they give, if any, is completely up to the discretion of the employer unless there is an employment contract specifying otherwise.

As for the performance bonus, your entitlement to that depends on your employment contract, if you have on and if it provides for the bonus. If there is no formal contract, then your rights depend on established company policy. If there is no established policy, you have no rights to the bonus.