The work environment was hostile and my work had been given to other manager without informing me, and my title was changed from Sr. Director to Manager with no formal communication. I spoke to VP of HR on exit and mentioned the circumstances of my exit, that I can't wait for my RSU as the work environment has been hostile and humiliating. Although I completed 1 yr. but my RSUs are not vested for another 45 days. Do I need to pursue a legal case, I will be joining another company and just want to ensure that I can get my RSUs which is my fair share as company forced me to quit. The group has a track record of such exits, more than 10 employees have left under such hostility and humiliation.
Based on the limited information you provided, I do not have good news for you. You have no claim to unvested retirement benefits unless you can recover them as damages due an unlawful termination or other illegal employment action. If the hostile environment that led you to resign consisted of the redistribution of work and change in title you mentioned above, I do not see any legal claim.
A hostile work environment is a legal term of art that means there is on-going unlawful harassment. Unlawful harassment must be based on a protected category, such as race, sex, sexual orientation, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity. Harassment can also include offensive gestures, sexually suggestive eye contact or looks, mimicking the employee in an insulting way, and derogatory or graphic posters, cartoons or drawings.
Harassment is unlawful when the conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive.
Unlawful harassment is itself a form of unlawful discrimination. "Discrimination" means "to treat differently." Not all discrimination is unlawful. Please look at my guide to unlawful discrimination: http://www.attorneyqna.com/pages/show?category_id=6&permalink=what-is-unlawful-employment-discrimination--california-law which should help you understand lawful and unlawful discrimination, how to enforce your rights, and time limits.
Generally, employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.attorneyqna.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
Note that if your only financial loss is the potential loss of your retirement, you may have difficulty finding an attorney to represent you on a contingency basis due to the high cost of litigation. However, if your new job pays less or has significantly less valuable benefits, you may be able to find a contingency attorney . . . again, providing you have any way to claim the retirement benefits in the first place.
Ms. Spencer has given very accurate and thorough advice. Unless the hostility you experienced was because you were a member of a protected class of people or because you had engaged in protected conduct, it was not unlawful hostility.
There are many workplaces that are terrible to work in because of poor management or rude and disrespectful managers or co-workers. The law allows those kinds of workplaces to exist.
I wish you had waited the additional 45 days...
