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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1951
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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What is the appropriate way to write a resignation letter if

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What is the appropriate way to write a resignation letter if you plan to file a lawsuit for discrimination and ethical issues in the work environment?

Brandon, Esq. :

Hello and thank you for your question today.

Brandon, Esq. :

Are you online with me?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. However, I must tell you that if you resign you will be throwing out much of your case. The reason I say this, is that to prove a discrimination case, you need to prove 1) liability (the fact that they discriminated against you, and 2) damages. Damages are easy to show if you are written up, fired, demoted, or some adverse employment action occurs as a result of discrimination. Damages are much harder to show if you resign. It is much better to file the lawsuit or make a complaint directly with the EEOC while still working there. Then, if they treat you in a negative manner, your claim goes from just a discrimination claim, to a retaliation claim. So, the best thing you can do right now is to get an employment attorney involved. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. If you feel that you would rather file with the EEOC directly, you can do that here:

Brandon, Esq. :

However, if you would just prefer to quit (and I cannot recommend highly enough against it) You would simply state:

Customer:

Hello, yes I am online.

Brandon, Esq. :

Your Name
Your Address
Your City, State, Zip Code
Your Phone Number
Your Email


Date


Name
Title
Organization
Address
City, State, Zip Code


Dear Mr./Ms. Last Name:


I would like to inform you that I am resigning from my position as (your position) for the (Company), effective August 1. I can no longer work in such a hostile work environment. (list facts related to it)

Brandon, Esq. :

Sincerely,

Brandon, Esq. :

(your name)

Brandon, Esq. :

but again, I cannot stress enough just how much you should not resign

Brandon, Esq. :

Does all of that make sense?

Customer:

Yes it does.

Brandon, Esq. :

Does that fully answer your question today?

Customer:

It is helpful but I am still conflicted as I attempted speaking to HR about the issues, transferred within the company hoping it would be a better environment and it is no better. It is no longer conducive to my own mental or physical health to stay there which is the reason for my resignation.

Customer:

However I have evidence of the discrimination and unethical / legal issues that I had addressed to HR.

Brandon, Esq. :

If HR refuses to do anything about it, that is why you have the recourse to file with the EEOC

Customer:

The company has had 12 lawsuits within the past year and I can no longer take it so just wanted to know what to include in my letter if I do decide.

Customer:

Ok thanks. I will file with EEOC

Brandon, Esq. :

Keep in mind also that you can still file a lawsuit as well (if you are not satisfied with the EEOC)

Customer:

ok.

Customer:

I will keep all of my documentation

Brandon, Esq. :

Upon doing either, each time they retaliate against you the damages you can receive go up.

Brandon, Esq. :

That option will not be available to you if you resign

Brandon, Esq. :

But ultimately the choice is yours

Customer:

I work at a mental health clinic and even have proof of falsified signed documentation and billed transactions that did not occur and HR did not address it.

Customer:

I will go ahead and include what you suggested in my letter, file with EEOC and go from there.

Brandon, Esq. :

I am glad I could get you pointed in the right direction. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Customer:

Ok thank you very much!

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