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Grounds for Dismissal? **Updated Again**

TooOne21

Senior member
My wife has been with her company for 5 years now. With a perfect report each year.
My wife had mentioned to her boss she was thinking of looking for employment with another business on June 10, 2004. (No active search at the moment)
Today, June 28, 2004, she was given a letter saying, ".....We regret to accept your resignation effective June 30, 2004."
My wife never gave a letter of resignation, she has had no bad reports/writeups etc...
What right does her employer have to give her such a letter?


Bump for update:

This is in New York.

YES, WRONG of her to tell her boss. I told that to her that the second she told me about it.
But she said her boss took it well and even asked what they could do to keep her. My wife said, she feels like she needs a change of pace. (Even I have said this to people, EVER HEAR OF A BAD DAY?)
UPDATED
Well, I got an update and apparently they are not letting her go, they are offering her a floating full time position as a sub, a "demotion" from a full time teacher. Pay and benefits are the same, nothing changes.

My wife is making sure they rewrite a letter because there was no resignation and if she is let go and needs unemployment then she will not get it. In fact, there should be no letter at all. A change of title does not mean a resignation of the previous position.


UPDATED AGAIN
Letter sent to the Director

In response to the enclosed letter I received from you June 28, 2004, and further clarification from NAME, it is in both our best interests to have a new and revised letter submitted. The enclosed letter stated; ?accept your voluntary resignation?, which was unnecessary since I never submitted a written nor a verbal resignation. After speaking with SAME NAME AS ABOVE, I now understand that I will be getting a lateral position change, essentially only changing my title here at COMPANY. I would expect this to be documented for both our official needs. I would appreciate an official retraction of the letter stating my resignation as it may be misinterpreted.
I never felt it necessary however after this misunderstanding I want to reassure you of my loyalty to COMPANY and my devotion to the PRODUCT. If a time comes where I will need to leave the company I assure you I will give ample notice to prepare for a replacement.
Your timely attention to this matter is greatly appreciated
Sincerely,
PERSON
 
I would imagine her employment contract probably contains the magic phrase "Employer may terminate your employment for any or no reason at any time".

EDIT: This might vary depending on where you're located. In any case, talk to an attorney to be sure she's not getting the shaft.
 
Originally posted by: Encryptic
I would imagine her employment contract probably contains the magic phrase "Employer may terminate your employment for any or no reason at any time".

EDIT: This might vary depending on where you're located. In any case, talk to an attorney to be sure she's not getting the shaft.

yeap most do!

your wife should have kept quit about it.
 
Find a lawyer. Even in an at-will state the employee has ridiculous rights. (it can be very hard to fire someone) But only a local lawyer will be able to give you the real answer.

However, sorry, but your wife is dumb. WHY did she say that?
 
this might fall under the catagory of one of life's hard learned lessons.

Why would she say something like that?

I hope she does have something lined up, good luck to both of you.
 
As has been said, it all depends on the state. However the part that says "accept your resignation" is interesting. There may be grounds for legal action in that if she never submitted a letter of resignation. It's my understanding they have to say they're firing you.
 
Originally posted by: waggy
Originally posted by: Encryptic
I would imagine her employment contract probably contains the magic phrase "Employer may terminate your employment for any or no reason at any time".

EDIT: This might vary depending on where you're located. In any case, talk to an attorney to be sure she's not getting the shaft.

yeap most do!

your wife should have kept quiet about it.
definately.
 
Originally posted by: CPA
Originally posted by: Skoorb
Not legal.

Not true. A lot depends on the state. Texas is at will, you can be let go at any time for any reason.
CPA is right. The employment contract should say something about you working at your will and they employing you at their will. You or they can terminate that contract, at will, for any reason.
 
What state are you in? I know here in TN it is a right to work state. You can be terminated for your hair being too long.
 
Originally posted by: Ranger X
Originally posted by: CPA
Originally posted by: Skoorb
Not legal.

Not true. A lot depends on the state. Texas is at will, you can be let go at any time for any reason.
CPA is right. The employment contract should say something about you working at your will and they employing you at their will. You or they can terminate that contract, at will, for any reason.

Of course they can terminate you.

If the letter says anything about "letter of resigination" then that is NOT OK!

She must move quickly, speak with a lawyer and for god's sake...

she must not sign anything or document anything until she speaks with an attorney
I cannot stress this enough - don't sign anything.

If she didn't quit and the company shows that she resigned then she is unelligible for unemplyment.

speak to an attorney ASAP.

On a lighter note - never, ever, ever, ever, ever tell your employer you're looking unless you have something lined up.

-edit- make sure she gathers any personel documentation, especially that letter.

MAKE SURE SHE DOESN'T SIGN ANYTHING

They are going to do everything they can to NOT pay any outstanding benefits, vacation, COBRA, etc. She will be cooerced into signing a letter of resignation. They may even threaten her to write the letter of resignation.
 
Originally posted by: yukichigai
As has been said, it all depends on the state. However the part that says "accept your resignation" is interesting. There may be grounds for legal action in that if she never submitted a letter of resignation. It's my understanding they have to say they're firing you.

Correct, they probably can fire her, but, by doing it that way they can scam out of unemployment claims. So, she should set the record straight that she didn't resign, if they choose to then fire her, well, at least you'll get some compensation.
 
Originally posted by: Ranger X
Originally posted by: CPA
Originally posted by: Skoorb
Not legal.

Not true. A lot depends on the state. Texas is at will, you can be let go at any time for any reason.
CPA is right. The employment contract should say something about you working at your will and they employing you at their will. You or they can terminate that contract, at will, for any reason.



No both of you are incorrect. You can't be let go for ANY reason. Any first year lawyer can tell you that.

You can't fire someone for race, sex, age, etc... Federal law is higher then any state law.
 
Originally posted by: Marlin1975
Originally posted by: Ranger X
Originally posted by: CPA
Originally posted by: Skoorb
Not legal.

Not true. A lot depends on the state. Texas is at will, you can be let go at any time for any reason.
CPA is right. The employment contract should say something about you working at your will and they employing you at their will. You or they can terminate that contract, at will, for any reason.



No both of you are incorrect. You can't be let go for ANY reason. Any first year lawyer can tell you that.

You can't fire someone for race, sex, age, etc... Federal law is higher then any state law.

But who's honestly going to write on the papers "Reason for termination: She was black" They could make up almost anything they want.
 
Originally posted by: Marlin1975
Originally posted by: Ranger X
Originally posted by: CPA
Originally posted by: Skoorb
Not legal.

Not true. A lot depends on the state. Texas is at will, you can be let go at any time for any reason.
CPA is right. The employment contract should say something about you working at your will and they employing you at their will. You or they can terminate that contract, at will, for any reason.



No both of you are incorrect. You can't be let go for ANY reason. Any first year lawyer can tell you that.

You can't fire someone for race, sex, age, etc... Federal law is higher then any state law.

That only applies to businesses with more than 20 employees. EOE, COBRA, etc. are all for 20 or more. So if you were brave enough, you could fire someone because they are a woman, or black, or etc. if you had only, say, 5 people working for you. At least that's what I've gathered from it. That correct?
 
Wow, it amazes me that so many people can be incorrect about this.
"At Will Employment" legally gives the employer the right to terminate (not the death kind of terminate either) an employee for any reason. However, an employee may not be terminated for illegal reasons (racial discrimination; sex/gender discrimination; retaliation; age discrimination; disability; national origin; religion; equal pay, etc).
If someone is terminated via an "at will" decision by an employer, I suggest they contact the EEOC (equal employment opportunity commission) and file a claim for wrongful termination. In this instance, the claim of sexual discrimination (because I am a female) will be all that is necessary for an investigation.
The EEOC will then investigate the claim, and rule in a variety of ways. Most cases result in a "insufficient evidence" ruling, and this then gives the terminated employee at least 90 days to file a civil suit.
There are over 25 federal and state laws and hundreds of regulations that apply to almost every relationship in the workplace. Appx. 20% of charges filed with the EEOC result in a "merit resolution" with a favorable outcome to the charging party.
This is a very tricky topic, and each situation is unique. If you feel that you have been wrongfully terminated, contact a lawyer that specializes in this field, and proceed from there.
 
even if you get an attorney, it will be on her record if she fights this.... no one would want to hire her if it stays on her record.

she should just learn her lesson and move on.
 
Originally posted by: BrunoPuntzJones
Originally posted by: Marlin1975
Originally posted by: Ranger X
Originally posted by: CPA
Originally posted by: Skoorb
Not legal.

Not true. A lot depends on the state. Texas is at will, you can be let go at any time for any reason.
CPA is right. The employment contract should say something about you working at your will and they employing you at their will. You or they can terminate that contract, at will, for any reason.



No both of you are incorrect. You can't be let go for ANY reason. Any first year lawyer can tell you that.

You can't fire someone for race, sex, age, etc... Federal law is higher then any state law.

That only applies to businesses with more than 20 employees. EOE, COBRA, etc. are all for 20 or more. So if you were brave enough, you could fire someone because they are a woman, or black, or etc. if you had only, say, 5 people working for you. At least that's what I've gathered from it. That correct?
No, it isn't correct at all.

Federal civil rights laws prohibit ANYONE from firing someone based on their race.

On topic, it sounds to me like they are committing fraud by claiming she resigned when she didn't. And seriously, why in the hell would she tell her boss she was thinking about leaving?
 
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