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47blueskyz

Guest
I am a Preschool Teacher in California. I have four questions which I would very much appreciate being answered as well as viewed.

1) What is the legal definition of "job abandonment"?

2) If an employer alleges that an employee has "abandoned" their position, isn't the employer required to give the employee written notice of their assumption and also any decision by the employer to terminate the employee's employment?

3) Is verbal notification of the employer's intent to terminate, done away from the workplace (the neighborhood supermarket in front of others) considered to be legal?

4) I received a voice-mail message from my former employer's secretary informing me that I had 30 days to remove my personal belongings (value: approximately $1,000, including a new camcorder, my watch and keys, my teaching certificates, and several ECE books) from the premises or they would be disposed of. For several reasons I didn't take this message seriously, so I waited to receive written notification. Today when I went to recover my property, the assistant director told me that they had thrown all of my things away. She claimed that she had called and left a message (I never received it). I am shocked, disappointed, hurt, and angry because these people run a so-called Christian daycare center that is attached to a church.

Again, I would appreciate hearing of any legal recourse I may have regarding any or all of the above. Thank you.
 


B

buddy2bear

Guest
"Job abandonment" is not showing up for work and/or not notifying the employer of the reason. Usually an employer will wait a week or so before saying that you abandoned your job. Some would consider that you have done so after only a day or two -- which is not really true abandonment and Unemployment usually would not consider it as such.

A church-run organization usually has a lot of leeway vis-a-vis the law, because governmental agencies don't want to get tied up with religious organizations.

Written notification is not a must that has to be given to terminate.

You could file a small claim in court for your possessions. I do not think that they could just trash them.
 

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