The new president of a large homeowners association noticed problematic issues with the association’s longtime general manager. The problems were serious enough to warrant potential termination.
Mr. Hudock worked with the organization to come up with a plan for placing the manager on administrative leave, and informing the manager that the association was going to conduct an investigation into the issues that the board had identified.
The manager hired an attorney and claimed she was going to quit and claim “constructive termination.” This meant she was claiming that she had no choice but to resign because the work conditions were so intolerable, which is a claim allowed under California law. Legally, this also meant that she had the right to make claims against the employer. After Mr. Hudock quickly refuted the claim, the manager dropped the claims and resigned without further action.
Later the manager filed for unemployment. Based on a letter Mr. Hudock wrote outlining why such a claim was inappropriate, the EDD denied her unemployment claim.