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California - Resignation Vs. Geting Fired

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  • California - Resignation Vs. Geting Fired

    my friend is an employee that works hard, and makes a lot of money for his company so he is an asset to the company he works for. The compensation plan recently changed for the worse and made a lot of employees frustrated, and to make a long story short, some the sales reps were not happy with it and there was an argument.

    My question is, if you think you're going to get fired but you resign before they fire you, does the employer have to give you a good reccomendation for your next employer given they were a perfect employee? I know if you're officially fired then they would tell the new employer the result, but if you officially resign before they fired, I would think they would have to say that the employee was great, but he resigned?
    Last edited by MathewPurdue; 06-12-2011, 04:46 PM.

  • #2
    The employer can legally say anything that they believe to be true. The employer can legally say nothing at all. Some employers have a company policy that they say nothing at all. The employer has no legal requirement to say what the employee wants them to say.

    Not your question, but quitting is generally a bad idea. It makes getting UI harder. It is easier to find the next job if one still has the last job.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      A former employer can tell a prospective employer anything that is true,
      that they believe to be true or is their honest opinion of the employee/the
      employees work ....

      It's better not to quit - you generally don't get UI if you quit even if you
      believed you were going to get fired.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        My question is, if you think you're going to get fired but you resign before they fire you, does the employer have to give you a good reccomendation for your next employer given they were a perfect employee? I know if you're officially fired then they would tell the new employer the result, but if you officially resign before they fired, I would think they would have to say that the employee was great, but he resigned?

        They can say whatever is true, which may be that "he resigned the day before we were going to fire him for getting into an argument with the boss."

        I see no benefit to this employee quitting. Among other reasons, he won't be eligible for unemployment benefits if he does.

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