California

I have been with this employer for 1 ½ years as a non-exempt Manager and had my review last week on June 2. To my surprise it caught me completely off guard that I was given 30 days to make changes in my performance or be terminated. Needless to say I was in shock and had no prior warning or clue (i.e. verbal or written warning) this was coming. I had the weekend to think about my next move and decided it was a no win situation I was in regardless on how I would proceed.

I went to work on Monday (June 6) and spoke to my boss and his boss and advised them that which ever direction I would go in would not work in my favor nor my staffs (being short staffed, no O.T. allowed). So I requested that I would like to be paid for the 30 days and have my health benefits for 60 days. I was told they would speak to HR and get back to me.

Today, Tuesday June 7 I was told by my boss that my request would be fine since the 30 days would continue into the first week of July. So with that I have given my resignation. I also find out today that they have already found a replacement for me. Company policy has it that they can not replace me until I give my notice. How ironic that I give my notice today and I find out they already have a replacement.

Is there any recourse that I can take against my now former employer for this?

No. Company policy does not have the force of law. They had no legal obligation to wait until you resigned of your own accord before lining up a replacement. Unless you had a bona fide, enforceable contract (company policy rarely meets this standard) that says otherwise, they are free to replace you whenever they choose.

They also had no legal obligation to give you 30 days pay and 60 days health insurance. They could easily have told you to pound sand and leave immediately with no severance and no health insurance other than COBRA. So I'm not sure I'd want to push this issue; you don't want them to withdraw what they have already voluntarily offered.