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An employer that would not allow an employee who voluntarily quit her job to rescind her resignation could not be sued for disability discrimination under California's Fair Employment and Housing Act (FEHA), the California Court of Appeal ruled. $("span.current-site").html("SHRM MENA "); Our employee gave notice yesterday that he is quitting effective two weeks from now. Please log in as a SHRM member before saving bookmarks. You may be trying to access this site from a secured browser on the server. Professional Pointer: The employee in this case never reapplied for her prior position. Your session has expired. 2002) 308 F.3d 968, 975.) She has advised employers on matters such as employment law, wrongful termination, discrimination, sexual harassment and wage and hour issues. CalChamber Poll Shows Voters Want Sensible Policies, No New Taxes, California Foundation for Commerce and Education, Voters Reject Largest Tax Hike in California History, Voters Serious about Addressing Pandemic Consequences. Applicants now have the option to test from home. Had she done so and not been rehired, she could have brought an additional claim of hiring discrimination, which the FEHA also prohibits. In reaching its decision, the appeals court stressed that Featherstone's resignation was voluntary—she did not allege that SCPMG coerced or otherwise improperly pressured her to resign. $('.container-footer').first().hide(); ", The court noted that the FEHA is silent on whether an employer's refusal to allow an employee to rescind a resignation constitutes an adverse employment action. Prior to her resignation, her supervisor was not aware that Featherstone was suffering from an altered mental state. Definition of 'Adverse Employment Action'. Successfully interpret and apply California employment law to your organization’s people practices. $("span.current-site").html("SHRM China "); Please enable scripts and reload this page. If an employee provides 30 days’ notice and the employer decides today is the last day, the resignation becomes a termination and the individual is eligible for unemployment benefits. (Yanowitz v. L'Oreal USA Inc., 36 Cal.4th 1028). But the court concluded that, "refusing to accept rescission of a resignation is not an adverse employment action for the simple reason that the employment relationship has ended.". When paying an employee his/her final paycheck, be it resignation or termination, do not mail that check unless the employee directs you to do so in writing. An issue can come up when a resignation is verbal, and then the employee rescinds it. Please log in as a SHRM member. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { On Dec. 31, Featherstone told SCPMG's HR department that at the time of her resignation she was taking medication containing codeine for a cough and the medication "caused her to do abnormal things." Today, he indicated he wants to stay after all, but we want him to continue with his resignation. [SHRM members-only HR Q&A: What is the California FEHA and what does it cover?]. Even an email is sufficient to prove the resignation happened, in the event the employee contends he/she never really resigned. Ruth Featherstone began working for Southern California Permanente Medical Group (SCPMG) in 2009. $(document).ready(function () { Featherstone took medical leave and returned to work Dec. 16, without any work restrictions. Ct. Need help with a specific HR issue like coronavirus or FLSA? Members may download one copy of our sample forms and templates for your personal use within your organization. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. Employer’s Refusal to Allow Employee to Rescind Resignation Does Not Violate Calif. Anti-Bias Law, Virtual California HR: Applying CA Law to Employment Practices, Know Your Data Security Obligations Under California’s New Privacy Law, Workers’ Comp Was Exclusive Remedy for Claims Based on Lead Exposure, Gig-Worker Model Upends Employee Classification Debate. } In what appears to be an issue previously undecided under the California Fair Employment and Housing Act (“FEHA”), the Second District Court of Appeals in California held that an employer’s refusal to allow an at-will employee to rescind her resignation is not … Featherstone said that "God had told [her] to do something else.". The employer was motivated by discriminatory intent. Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred and executive members. }); if($('.container-footer').length > 1){ Lack of adverse employment action prevents disability discrimination action from going forward. She also has conducted seminars and training and guided employers through various levels of governmental investigations. He or she experienced an adverse employment action. B275225 (April 19, 2017). Write CSS OR LESS and hit save. The court further noted that SCPMG had accepted the resignation before Featherstone sought to rescind it. Therefore, the court said, "an adverse employment action is one that affects an employee, not a former employee, in the terms, conditions or privileges of his or her employment, not in the terms, conditions or privileges of his or her unemployment. You have successfully saved this page as a bookmark. Dana Leisinger joined the CalChamber in 2000 and currently serves as an HR adviser. Featherstone sued SCPMG, claiming disability discrimination in violation of FEHA. To prove intentional disability bias under FEHA, an employee must show that: Featherstone could not prove that she experienced an adverse employment action, the court said. For this reason, it is best to have employees put their resignation in writing. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Featherstone v. Southern California Permanente Medical Group, Cal. "Under California law, an employee has a right to rescind a resignation unilaterally (like any contract offer) only prior to its acceptance," the court said. For purposes of her lawsuit, the court assumed that the employee suffered from a temporary disability but ruled that the company's conduct did not constitute an adverse employment action, which was necessary for the FEHA claim to go forward. She asked SCPMG to allow her to rescind her resignation, but on Jan. 21, 2014, SCPMG denied her request. On Dec. 24—one day after she resigned—Featherstone was hospitalized for 72 hours. "Under California law, an employee has a right to rescind a resignation unilaterally (like any contract offer) only prior to its acceptance," the court said. Please purchase a SHRM membership before saving bookmarks. The employee claimed that she resigned while suffering from an altered mental state, which she said was a side effect of medication she was taking. Throughout her employment with SCPMG, Featherstone suffered from chronic sinusitis, and, in October 2013, her doctor told her that she needed to have surgery to remove a sinus tumor. CTRL + SPACE for auto-complete. App., No. Not sure where to start your learning journey? At no point after she quit did Featherstone reapply for her prior position with SCPMG. An issue can come up when a resignation is verbal, and then the employee rescinds it. The trial court dismissed the claim before trial, and Featherstone appealed. Indeed, if this is a less-than-stellar employee, the employer may be happy to have the individual resign. Get It in Writing. Members can get help with HR questions via phone, chat or email. He or she is otherwise qualified to do the job. Another scenario that occurs around resignations is when an employee gives a lengthy resignation notice, and the employer prefers to cut ties immediately. Indeed, if this is a less-than-stellar employee, the employer may be happy to have the individual resign. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); In other words, “[u]b California law, an employee has a right to rescind a resignation unilaterally (like any contract offer) only prior to its acceptance.” ( Ulrich v. City and County of San Francisco (9th Cir. Is the California FEHA and What does it cover? ] reuse permissions ” button on the Labor law,. But we want him to continue with his resignation, J.D., is a less-than-stellar employee, the is. Did Featherstone reapply for her prior position employee ’ s people practices der Heide on April 28 2017. 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