termination of employment

[cheryljohnson]

State: California
I was on a medical leave of absence and was not notified of being terminated. However, I received notice from Cobra in 9/01 that, effective 5-1-01, I was eligible to sign up for medical benefits because my employment was terminated effective
4-30-01. I also received a letter from the 401K plan asking me what I now wanted to do with the funds I have invested there. So, my question is, does the employer (an airline) have to give notice to an employee that she is terminated? I have never been told either in writing or orally by the company that my employment is terminated. If the company does have to give notice, does this constitute wrongful termination? And would an attorney usually require a retainer to take on a case of this type?
Thanks

 

[loku]

Under California Labor Code, Sec. 2922 “An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.”

Therefore, under California law, the employer does have to give notice to the employee to terminate the employment. Since you received no notice, then you are still employed under California law.

If an employment law attorney, after hearing your story, decides that you have a good case, the lawyer will take the case on a contingency basis.

 

[cheryljohnson]

Termination of Employment

State: California
Thank you for your reply. I have one other question. Is an intent to quit via email constitute a legal form of notice to a company (airline)? Thanks

 

[Mexicandream]

legal

I would watch that one, it is a bit tricky. If you emailed an employer stating an intent to quit, the employer can and does have right to act on such a statement as if you declared in person or writing. Whether it is a legal resignation, I don't know. Normally, I associate legal and paperwork with some form of affixed signature, which emails do not allow. If you did submit an email stating an intent to resign or quit, I really don't see how a good case for company wrongdoing can be built.

Just for kicks, what airline was it? I worked for Midway Corporate and was screwed left and right.

 

[cheryljohnson]

Termination of Employment

Thanks for your reply.
It was the big "U", and the skies were not at all friendly.