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Questions and Professional Answers

Questions and Professional Answers

  • Letter of Resignation

    I work in NJ; and I am at will; however, I heard if you turn in a written letter of resignation, then the employer cannot terminate you before your last day - and if they do, they are required to pay you for the number of days given in the notice.Also - If this is the case, what is the maximum number of days allowed to be placed in the letter of resignation for securing payment?
    • Re: Letter of Resignation

      Your resignation does not affect your employer's ability to terminate you at an earlier date although, depending on circumstances, it may generate a dispute as to whether the termination was voluntary. There are some occupations, such as where unsupervised employees are handling cash (bartenders, etc.) where a notice period is rare and people who quit are usually terminated immediately in spite of their requests.See also: http://info.corbettlaw.net/lawguru.htm

      John Corbett
      Corbett Law Firm LLC
      303 Walnut Ave.
      Evesham, NJ 08053-7016
    • Re: Letter of Resignation

      Employer is not debarred to terminate the services of his employee before the acceptance of resignation.

      Nasir Butt
      Nasir Law Associates
      47-D/2, Islam St. 5, Karnal Pura, Shah Kamal, Near Mosque Aouqaf, Ichhra
      Lahore, Punjab 54600
  • Lettter of resignation

    If a private employer does not renew a contract (i.e., not rehiring for their personal reasons apparently) and they are requesting a letter of resignation from me. I do not need to submit a letter of resignation because they have basically terminated my employment with them, is that correct? On the contrary, they should provide a written notice on my termination?
    • Re: Lettter of resignation

      They are trying to cheat you out of unemployment payments. Its the oldest trick in the book. dont sign anything.

      Ken Koury
      Kenneth P. Koury, Esq.
      22425 Ventura Blvd., #286
      Woodland Hills, CA 91364
  • How to send legal notice-termination letter

    Sir, I had asked earlier also pls advise on which email id can i send you the scanned copies of the emails that has a proof that my immediate boss accepted by resignation but the HR did not send me the relieving letter. Please refer to my prev ques. How much money will be spent in sending the notice . can i get free help from LAWGURU? was working as a TL in a domestic BPO for 5 months. The appointment letter states that 1 week notice is sufficient to resign. I got a better oppurtunity and gave my resignation letter. My assistant manager accepted by resignation on mail and replied back that the resignation has been accepted. But on my last day of working the HR refused to give me a letter in writing and said to complete one month and give one month's notice period of resignation.
    • Re: How to send legal notice-termination letter

      You can email us the documents at my personal email id. However, as to the cost is concerned I may be able to tell you only after the documents are seen. Though, you may be assured that it will not be much.

      Pranav Desai
      PD Legal & Associates
      4, Sagar Society, Fatimanagar
      Pune, NUS 411013
    • Re: How to send legal notice-termination letter

      No money may be required. you may send any document on my e-mail which you may receive alongwith this reply.

      Sudershan Goel
      Attorney-at-Law (India)/International Visiting Scholar
      Sureme Court of India/University of North Carolina at Chapel Hill
      Usa / New Delhi, NEW DELHI 110001
  • Resignation Letter

    I have expressed to my employer that I wish to leave the company. However I do not have another job yet and would like to stay there until I find one. My boss wants a resignation letter to be effective March 21, 2008. Should I submit a letter without a new job?
    • Re: Resignation Letter

      Your boss wants the resignation letter to foreclose your eligibility for unemployment compensation. If you are involuntarily terminated without cause, you would be eligible.

      Robert Sher
      Wagshal and Sher
      4824 Edgemoor Lane
      Bethesda, MD 20814
  • letter of termination-QUES4

    I was working as a TL in a domestic BPO for 5 months. The appointment letter states that 1 week notice is sufficient to resign. I got a better oppurtunity and gave my resignation letter. My assistant manager accepted by resignation on mail and replied back that the resignation has been accepted. But on my last day of working the HR refused to give me a letter in writing and said to complete one month and give one month's notice period of resignation. I have left the job and am working as a TL in an international BPO with a better salary.I joined the company on may 26 and my last day of working in the organization was on oct 7 2008. My assistant manager accepted my resignation on mail and I have got both the hard copy and soft copy as the proofs.please advise and draft a notice against the company.
    • Re: letter of termination-QUES4

      You have a very strong case if the matter goes to the court. Whereas, as regard to drafting of notice is concerned you may have to forward the letters based on which we can prepare the same or you may take assistance of any advocate in your city.

      Pranav Desai
      PD Legal & Associates
      4, Sagar Society, Fatimanagar
      Pune, NUS 411013
    • Re: letter of termination-QUES4

      Why should you need any letter from your manager once you have left the job and got a job somewhere else with a better salary?You may have a good defence if your ex-employer files a case against you.

      Sudershan Goel
      Attorney-at-Law (India)/International Visiting Scholar
      Sureme Court of India/University of North Carolina at Chapel Hill
      Usa / New Delhi, NEW DELHI 110001
    • Re: letter of termination-QUES4

      The question is that as per appointment letter you have to give 1 week notice to resign and you gave to your assistant manager,is the said assistant manager your immediate authority to accept the resignation on behalf of company,if so he is capable then there is no issue at all but if he is not the competent authority authorized by company then your resignation is termed as illegal and you may have to face legal consequences from the company which you have resigned. still there is time think over and make a appropriate decision in this regard as you already have joined another company then send a requisition letter stating brief facts as well as the copy given by assnt.manager to your previus company HR and obtain proper copies.

      SHIVA SHANKAR REDDY
      M/S S&S LAW FIRM
      D.NO:12-1-439/1,LALAPET
      Secunderabad, NUS 500017
  • Asked to leave my job

    I turned in my letter of resignation and was then given a counter-offer from my company, which I accepted. The next day I was told by the head of HR that they were going to accept my letter of resignation, after I had already told the company who I was leaving them for, that I had decided to stay because they made me a great offer to stay. Do I have any legal action that I can take if nothing but my letter of resignation was in writing? I had only a verbal agreement from my manager and my Director.
    • Re: Asked to leave my job

      Unfortuanetly, no. PA is at at will employment state which means in the absence of cognizable discrimation or an employment contract your employer is free to terminate you at any time for any reason or no reason at all. This is also what gives you the right to resign whenever you feel like it. Good luck.

      Matthew Kelly
      Kelly Law
      15 Eshelman Road
      Lancaster, PA 17601
    • Re: Asked to leave my job

      You asked if had a claim where your employer made a counter-offer when you tendered your resignation.While my colleague is correct in that Pennsylvania is an at-will state I believe you have an excellent claim.There are two theories that may allow you recovery, detrimental reliance and intentional interference in a business relationship. Normally contracts for employment greater than one year must be in writing. Here the agreement for employment was continued employment and the employer knew or should have known that you would lose an offer that gave rise to your termination.If you proceed your recovery would probably be about 1 year's salary, less any mitigation. Mitigation means that you are required to minimize the damages such as seeing if the other offer is still open AND diligently pursuing other employment opportunities.Contact me if you would like to pursue this matter. Remember that your time to pursue a claim is limited and you should speak with an attorney immediately.Regards,

      Roger Traversa
      Arjont Group (Law Office of Roger Traversa)
      P.O. Box 1932
      Philadelphia, PA 19105
  • Letter of termination

    Please be informed that I was working as a TL in a domestic BPO for 5 months. The appointment letter states that 1 week notice is sufficient to resign. I got a better oppurtunity and gave my resignation letter. My assistant manager accepted by resignation on mail and replied back that the resignation has been accepted. But on my last day of working the HR refused to give me a letter in writing and said to complete one month and give one month's notice period of resignation. I have left the job and am working as a TL in an international BPO with a better salary. My previous company has sent me a termination letter please advise what shud i do to get a clean-chit as this can affect my future prospects. What if my current company asks for a F&F of prev company and does some verification..please help. I am having the resignation acceptance mail of my manager..please advise?Can i file a case in labour law or send them a notice how much money will be spent?
    • Re: Letter of termination

      You may consider sending them a notice of damages for the possible loss you may have to suffer because of their wrongful action.

      Sudershan Goel
      Attorney-at-Law (India)/International Visiting Scholar
      Sureme Court of India/University of North Carolina at Chapel Hill
      Usa / New Delhi, NEW DELHI 110001
  • Hold on paycheck for letter of resignation

    My boss is resigning her school job as of May 23. Our employer knew this and she was told on payday, April 15, that her paycheck would not be given to her until she gave them a signed letter of resignation. Had they not known that she was planning on resigning, they would not have done this. Can an employer do that to an employee, just because they know the resignation is going to happen?
    • Re: Hold on paycheck for letter of resignation

      Under Federal law there can be no hold kept on paychecks, except possibly for employee theft or embezzlement. It is a violation of the FLSA and can result in double damages and attorney fees. However, a lawsuit could delay payment much further - out to several months. It thus may not be worth it economically to pursue, but if you would like to discuss the matter, it is an area of the law that I am familiar with and have handled a few similar such cases. Please call me at 205-458-1100. I would be more than happy just to talk.Sterling L. DeRamusAttorney at Law2015 First Avenue NorthBirmingham, Alabama 35203205-458-1100sderamus@bellsouth.net

      Sterling DeRamus
      Sterling L. DeRamus, Attorney at Law
      2015 First Avenue North
      Birmingham, AL 35203
  • Termination from School District

    I have been given the choice to either resign or be terminated from my job due to allegations that are primarily false (about 20% are true, but the remaining 80% are false). The recommendation for termination letter from HR lists all sorts of horrible things about me. My other option, the resignation letter, is good but its dictated word for word by my employer and absolves them of any and all responsibilities, liabilities, etc. associated with my employment or the circumstances under which my employment ended. I am told that if I sign this letter, it will go in my personnel file instead of the recommendation for termination letter. My concern with the resignation letter is that when pressed for more information, the HR Director says they would 'have to tell the truth' if ever directly questioned about why I left, even if I sign the resignation letter. I'm considering letting them terminate me. If they don't have the resignation they wanted from me (which gave up all my rights to hold them accountable for anything as my employer), would they then hesitate to release information about me to potential employers (since that would open them up to the risk of law suits, etc.)???
  • Termination letter--pls help

    Hi Sir, I require a proper relieving letter from the company be cause if ever I join a new company and that company does my verification it can go fatal for me that I was terminated from my prev organization. Where can I send you the copies of the documents .Please refer to the question that i had sent earlier on LAWGURU.COM- I was working as a TL in a domestic BPO for 5 months. The appointment letter states that 1 week notice is sufficient to resign. I got a better oppurtunity and gave my resignation letter. My assistant manager accepted by resignation on mail and replied back that the resignation has been accepted. But on my last day of working the HR refused to give me a letter in writing and said to complete one month and give one month's notice period of resignation. I have left the job and am working as a TL in an international BPO with a better salary.I joined the company on may 26 and my last day of working in the organization was on oct 7 2008. My assistant manager accepted my resignation on mail and I have got both the hard copy and soft copy as the proofs.please advise and draft a notice against the company.
    • Re: Termination letter--pls help

      You may be entitled to file a civil suit for declaration of your status and for claiming damages from your employer.

      Sudershan Goel
      Attorney-at-Law (India)/International Visiting Scholar
      Sureme Court of India/University of North Carolina at Chapel Hill
      Usa / New Delhi, NEW DELHI 110001
    • Re: Termination letter--pls help

      We understand your concerns. I believe, to start up with you need to send a legal notice through an advocate to your previous employer informing that if the reliving formalities are not complete you may be forced to file a suit before the competent court.However, for issuing this notice we may be able to help you or alternatively you can take assitance of a local advocate .

      Pranav Desai
      PD Legal & Associates
      4, Sagar Society, Fatimanagar
      Pune, NUS 411013