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I was being harassed and was called I lair by my supervisor.

I was being harassed...

I was being harassed and was called I lair by my supervisor. At which point I told them they could have this (the job). I was asked for a letter and I told them I would email it. This was on a Friday two minutes before quoting time to get off. Over the weekend I emailed my supervisor and told her my emotions got in the way and I was in no way resigning and was taking my personal per approved week long leave. During my leave I became sick and was over doctor’s care for two weeks. During which time I was locked out of my email and employee Ace accounts. Each time I communicated with my supervisor I did not receive I respond from my supervisor.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Mississippi

Lawyer's Assistant: Has anything been filed or reported?

Not on my part. Yesterday I was asked to come in for an exit interview and fifteen later I received and email saying I resigned on the 7 of February and this was accepted. On the 7 I was on personal leave and had no contact with me office

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes they changed their story to justify their actions and my pay was only 299 out of 2100

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Answered in 34 minutes by:
2/27/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Please proceed

I'm sorry to hear about your situation. I don't have great news though: when you said that they could have this job and said that you would email confirmation of your resignation, the employer could legally accept that as a resignation from the organization. Even if you later stated to them that you did not want to resign, if your actions suggest that you were terminating the agreement, a court would probably find that your actions were sufficient to reasonably lead the other party to believe that you didn't plan on staying.

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You may need to negotiate your way out of this to get your job back.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

How else can I help you today?

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Customer reply replied 1 month ago
I was asked to resign. I did not offer, she said you can resign and out of emotions I said you can have this after my leave and before I started my leave I wrote her telling her I was not resigning that she could fire me if she sought to

I'm sorry for the delay. This is still a tough situation because even if you didn't resign, an employer still has the right to terminate for any reason. Are you a part of a union or do you have any agreement that requires you be terminated for cause?

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Customer reply replied 1 month ago
I was in approve leave and under a doctor’s care. The state hand book say a resignation has to be in writing and it must be done ten days prior to resignation date

I see what you mean. If resignation must be done ten days prior and must be in writing, but they terminated you anyway, then this is a breach of contract by the employer.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, which could include back pay or a return to your job, depending on what you ask a court for. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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