Staceykrain
Junior Member
What is the name of your state?What is the name of your state? California
At the end of January 2005, I went on medical leave due to work related stress caused by an extremely tenuous work environment created by my subordinate. My employer was well aware of the situation.
I supplied my employer with a letter from my therapist. Because of the stress at work, I began to see a therapist on a weekly basis, along with a psychriatrist who prescribed anti-depressant medication which I am continuting to take.
When my employer was unwilling to resolve the situation, I sent them a letter dated February 21, 2005, OFFERING my resignation, contingent on certain terms and conditions I set forth later in the letter.
I did not hear from my employer until March 9th, when I received a letter from my employer stating that my employment had been terminated as of the date of my letter to them, and informed me that my employment health coverage had ended at the end of February. The letter included information on Cobra coverage.
I spoke to my employer on March 10th and requested a response to my original letter, as the letter I had received the day before was confusing and unclear. Either they had fired me while I was on medical leave, or they had accepted my resignation, which meant they had also accepted the terms and conditions of my resignation.
On March 11th, I received a letter from my employer's attorney clearly stating that they did NOT accept any of my terms, but they DID accept my resignation. As far as I'm concerned, I did NOT resign - I offered up my resignation CONTINGENT on certain conditions, and since they have clearly refused to accept those conditions, don't they then lose the right to claim acceptance of my resignation? Indeed, the attorney's letter even misquoted my letter, writing that, "...with this letter I am tendering my resgination as..." when my letter CLEARLY says, "with this letter I am PROPOSING my resignation in ACCORDANCE with the terms set forth in this letter".
What can I do? I do not want to give up any rights I may have to unemployment or anything else by their false claim that I have resigned. In addition, the letter I received from them on March 9th said that my employment health coverage had ended at the end of February. This means that my doctor's appointments and prescriptions (which include the anti-depressant medication) that I had from March 1st through March 9th, were not covered and I was left unaware.
I would appreciate any advice. My initial letter to my employer and my request for a severance package in exchange for my pursuit of worker's compensation or any other legal recource I might have, was suggested to me by a labor attorney. My letter was co-written by my boyfriend, who is a contract attorney. With this help, I am certain that I did not provide my employer with a poorly written letter full of loopholes for them to claim I had any intention other than what I did. I hope this makes sense. Thank you for your time.
At the end of January 2005, I went on medical leave due to work related stress caused by an extremely tenuous work environment created by my subordinate. My employer was well aware of the situation.
I supplied my employer with a letter from my therapist. Because of the stress at work, I began to see a therapist on a weekly basis, along with a psychriatrist who prescribed anti-depressant medication which I am continuting to take.
When my employer was unwilling to resolve the situation, I sent them a letter dated February 21, 2005, OFFERING my resignation, contingent on certain terms and conditions I set forth later in the letter.
I did not hear from my employer until March 9th, when I received a letter from my employer stating that my employment had been terminated as of the date of my letter to them, and informed me that my employment health coverage had ended at the end of February. The letter included information on Cobra coverage.
I spoke to my employer on March 10th and requested a response to my original letter, as the letter I had received the day before was confusing and unclear. Either they had fired me while I was on medical leave, or they had accepted my resignation, which meant they had also accepted the terms and conditions of my resignation.
On March 11th, I received a letter from my employer's attorney clearly stating that they did NOT accept any of my terms, but they DID accept my resignation. As far as I'm concerned, I did NOT resign - I offered up my resignation CONTINGENT on certain conditions, and since they have clearly refused to accept those conditions, don't they then lose the right to claim acceptance of my resignation? Indeed, the attorney's letter even misquoted my letter, writing that, "...with this letter I am tendering my resgination as..." when my letter CLEARLY says, "with this letter I am PROPOSING my resignation in ACCORDANCE with the terms set forth in this letter".
What can I do? I do not want to give up any rights I may have to unemployment or anything else by their false claim that I have resigned. In addition, the letter I received from them on March 9th said that my employment health coverage had ended at the end of February. This means that my doctor's appointments and prescriptions (which include the anti-depressant medication) that I had from March 1st through March 9th, were not covered and I was left unaware.
I would appreciate any advice. My initial letter to my employer and my request for a severance package in exchange for my pursuit of worker's compensation or any other legal recource I might have, was suggested to me by a labor attorney. My letter was co-written by my boyfriend, who is a contract attorney. With this help, I am certain that I did not provide my employer with a poorly written letter full of loopholes for them to claim I had any intention other than what I did. I hope this makes sense. Thank you for your time.