Is this right?

[brusatory]

What is the name of your state? California

About a year ago, my husband & I decided to move to England for schooling. I have been with my current company for 5-1/2 years, and since I do a lot within the company, as good faith, I wanted to give them ample time to find a replacement. So, I verbally gave them 6 months prior notice that we plan on moving out of the country. (never put in writing and had no specific Last Date of Employment)

May 1st we had a change within the organization and was informed that I will have a new boss. Immediately after this change, my new boss decides to speed up the hiring process of my replacement. Early May they found my replacement but won't start until June 2nd.

Mid May - I found out I was pregnant and so after discussiing with my husband, we decided to stay and start a family. I informed my new boss of my current situation and that we've decided to stay. He told me he will need a week to think about it and give me an answer next week. One week goes by and he informs me that they decided to move forward with the change, and morally, they cannot retract the offer made to my replacement. The company will try and find me another position, just not in the same department or position. I am to train my replacement through mid August.

I have been informed the company will not find another position for me, have accepted my verbal notice of resignation (with no specific date), will NOT accept the rescinding of my resignation and will find myself out of a job by the end of the month.

Two weeks ago, I found out I had a miscarriage and had to have surgery.

I know I am an At-Will employee but do they have the right to...
1) not accept the rescinding of my informal resignation (no specific date of last employment)
2) replace me with a lower paid replacement (I have already trained for1 month)
3) treat the end of my term as a resignation when I told them I am NOT resigning
(since I'm considered "quitting" I cannot file unemployment)

I am considering seeking legal advice, but only if it has merit for retribution & punitive damages. I don't think I will spend the money to do it if it only means to keep my job.

Do you think there's a case for me legally?What is the name of your state?

 

[Ohiogal]

You quit! There is no take backs. If you weren't sure you were moving you shouldn't have given notice. They hired someone else.

I know I am an At-Will employee but do they have the right to...
1) not accept the rescinding of my informal resignation (no specific date of last employment)
Yes they have the right. You don't call the shots with your job.

2) replace me with a lower paid replacement (I have already trained for1 month)

Yes they do. What the replacement earns is NONE of your business.

3) treat the end of my term as a resignation when I told them I am NOT resigning
(since I'm considered "quitting" I cannot file unemployment)


Oh but you did quit. You quit six months ago and they went ahead based on that. Just because you changed your mind AFTER you quit doesn't mean squat. You resigned. Now you have to deal with it.

 

[Beth3]

I know I am an At-Will employee but do they have the right to...
1) not accept the rescinding of my informal resignation (no specific date of last employment) Yes.

2) replace me with a lower paid replacement (I have already trained for1 month) Yes.

3) treat the end of my term as a resignation when I told them I am NOT resigning
(since I'm considered "quitting" I cannot file unemployment) Yes.

Your employer proceeded in good faith based on what you initially told them and hired a replacement for you. I am sincerely sorry nothing turned out as you planned but your employer did not have to allow you to rescind your resignation.

I am considering seeking legal advice, but only if it has merit for retribution & punitive damages. I don't think I will spend the money to do it if it only means to keep my job. You have no legal case at all. You informed your employer of your intention to quit and they proceeded accordingly. They were under no obligation to allow you to reverse your decision.

I do suggest you apply for UC benefits and see what happens. You have nothing to lose by doing so.