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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Assisting employees and employers for over 14 years.
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Can I take back my resignation letter, if I was forced to resign

Resolved Question:

Can I take back my resignation letter, if I was forced to resign under duress and intimidation?
Submitted: 4 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 4 years ago.
Thank you for using JustAnswer!

Who forced/intimidated you into resigning?
Customer: replied 4 years ago.
Sadly, the director of the Weymouth agency. The company owns several agencies. A friend said I could take back the resignation and go to HR.
Expert:  JB Umphrey replied 4 years ago.
Why do you want to withdraw it?
Customer: replied 4 years ago.

I was tricked, and treated unethically. I won't be able to file unemployment, as my director wanted to let me go without having a job offer. She knows I live from paycheck to paycheck at this current job, and am financially struggling. If I quit and don't get another job offer, I won't have anything.

 

I work for a mental health agency where you only get paid for each client you see. My director transferred most of my caseload right away, which left me in a position where I won't get paid. I felt as if I had no choice, but to resign. She kept pushing "You should do this as soon as possible" when I said I would rather wait and resign a month later.

Expert:  JB Umphrey replied 4 years ago.
Well, yes, you can attempt to withdraw your resignation. It will be up to the employer to decide whether or not to accept it. If the employer does not grant your request, you can attempt to file for unemployment and explain how your resignation was forced and that you were constructively discharged.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 4 years ago.
Could you go into more detail about being constructively discharged? I'm not sure what that means.
Expert:  JB Umphrey replied 4 years ago.
It means that while they did not fire you, they created an environment where you had no choice but to quit. Frequently this happens where there is ongoing sexual or racial harassment which the employer will not address and the employee believes that they have no choice but to quit.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
JB Umphrey and 2 other Employment Law Specialists are ready to help you

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JB Umphrey
JB Umphrey
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Assisting employees and employers for over 14 years.