Recent Feedback
Why would an employee of a private KY insurance company write a letter of resignation and two weeks before date have an attorney issue a rescind retirement letter?
Optional Information: Country relating to Question: United States State (if USA): Kentucky Already Tried: Our attorney wrote a letter asking to accept original letter of resignation and had the employee vacate the premises with pay.
The most likely reason is that he had changed his mind and was hoping that getting a letter from an attorney would "bluff" the employer into letting him stay at work.The less likely reason, unless there are additional facts to indicate a lawsuit is being contemplated, is that he is considering some type of lawsuit and if he resigned it could create less damages than if he were terminated.If you would like any additional information or have more questions please don’t hesitate to ask! Please DO NOT use the rating system to ask for more information as it gives a NEGATIVE rating if you answer either “Helped a Little” or “I Expected More”.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked and would ask that you issue a positive rating on what has been done so far of either of “Got the Job Done”, “Informative and Helpful” or “Great Job”. Even after you issue the rating you can still ask for additional information, but the rating system allows us to judge how we are doing and a rating of "Helped a little" or "I expected more" is considered to be a negative rating on my ability, so I’d ask you to issue a rating of “Got the Job Done”, “Informative and Helpful” or “Great Job”, even if you have additional questions.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
By accepting the original letter, is employee considered resigned or terminated. We suspect a lawsuit is being considered because employee's letter mentioned loss of earned income (commissions) paid monthly, which she will receive.
There is no black and white answer in the law, but all things being equal I think it is most likely that a judge would say she resigned. Once an employee quits/resigns there is no law that says they are allowed to change their mind and an employer has to take them back.If you would like any additional information or have more questions please don’t hesitate to ask! Please DO NOT use the rating system to ask for more information as it gives a NEGATIVE rating if you answer either “Helped a Little” or “I Expected More”.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked and would ask that you issue a positive rating on what has been done so far of either of “Got the Job Done”, “Informative and Helpful” or “Great Job”. Even after you issue the rating you can still ask for additional information, but the rating system allows us to judge how we are doing and a rating of "Helped a little" or "I expected more" is considered to be a negative rating on my ability, so I’d ask you to issue a rating of “Got the Job Done”, “Informative and Helpful” or “Great Job”, even if you have additional questions.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
The feedback you left is a negative rating despite the fact that I answered your question both directly and correctly and we are working on the question. Is there something additional I can answer for you so that you don't look on this as a negative?
I was hoping to gain insight into possible lawsuit/s are considered when an employee goes this route? Not sure of the law. Employee seems to want an income flow to continue.
Thanks.
I'm not sure what you are asking by that and why that would cause you to issue a negative rating? Since this is a new system I am trying to determine why people leave negatives and it appears to be that they don't realize it is negative and are just trying to ask another question.Can you rephrase what you are asking as far as "I was hoping to gain insight into possible lawsuit/s are considered when an employee goes this route"?
You mentioned possible lawsuit, perhaps I am being too simple, but want to know, if in your opinion, what lawsuit are probable considering employee is getting a lawyer involved.
I would really have to have a few facts on what the employee has been complaining about, etc. Bear in mind that, unless you have a written contract of employment, KY is an employment at will state so the only thing she could really sue over is some form of discrimination, a failure for you to allow her to take FMLA leave, or pay issues.Knowing that, has she complained about anything or did you hear rumors she was complaining about anything?Also, what reason did she give for leaving?
Employee seems to want an income flow to continue. employee's letter mentioned loss of earned income (commissions) paid monthly, which she will receive. Otherwise, she wanted to retire.
Are you talking about the commissions that she earned while working there? Will those continue to be paid to her even after she leaves in perpetuity?
No, once she leaves she will be paid her monthly earned commission and all is over. She believes the commissions "should" continue but was told that is not the way it works.
Has the company ever done that with anyone or do you state in any of your materials (like an employee handbook) that you will do that?
The company has never had anyone retire and continue to receive benefits or commissions and the handbook states the accounts belong to the company not the agent. Perhaps, she is trying to make a new outcome of retirement??? We have no clue what she is up to.
I don't see where she has a leg to stand on if you have never paid the continued commissions in the past. She may be misrepresenting something to the lawyer or paying him by the hour.Nothing in any of the facts that we have discussed indicate there is any viable lawsuit on her part. I have never seen any case or any court award ongoing commissions to someone after they leave their job unless there was a specific agreement to do so.If you would like any additional information or have more questions please don’t hesitate to ask! Please DO NOT use the rating system to ask for more information as it gives a NEGATIVE rating if you answer either “Helped a Little” or “I Expected More”.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked and would ask that you issue a positive rating on what has been done so far of either of “Got the Job Done”, “Informative and Helpful” or “Great Job”. Even after you issue the rating you can still ask for additional information, but the rating system allows us to judge how we are doing and a rating of "Helped a little" or "I expected more" is considered to be a negative rating on my ability, so I’d ask you to issue a rating of “Got the Job Done”, “Informative and Helpful” or “Great Job”, even if you have additional questions.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992