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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hello,I recently separated from my company

Customer Question

Hello, I recently separated from my company. I wrote a resignation letter about noon stating my resignation. After getting to the office to turn in my gear, my company serves me with a termination letter. How can they terminate me if I have already written a email stating my resignation?  The state of employment is in Texas.  Thank you

Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning Shawn,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Quite simply, once you have server (tendered) your resignation letter, it in not legally possible for you to be terminated. the attempt at one-upmanship by the employer is the equivalent of a corporate tantrum and has no legal merit.

And, as a practical matter, it makes little difference. If you are concerned that the employer will report to future prospective employers that you were terminated, you should contact the recent employer, in writing, now, and explain that you do not recognize their letter of termination as valid as you had already resigned, and that if they in the future suggest to anyone---including other employees presently employed there, or to any of your prospective employers in the future, that you will sue the company for Defamation and seek both compensatory damages as well as punitive damages.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug

Expert:  LawTalk replied 1 year ago.
Good evening Shawn,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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