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Can I sue my former employer for emotional distress or inhumane/unprofessional treatment?

Houston, TX |

Several hours after I announced my resignation to my direct manager, she and her direct manager sat and chatted with me and stated that company policy states that they can let me leave that day and just compensate me for the remainder of the week/throughout my resignation date without necessity to return to work. I did not have a problem at that moment since I was to leave for the day within that hour. When I returned to my desk, my manager was behind me and that’s when it hit that I was going to be escorted out of the building as if I was being fired or as if I committed a crime. During my employment, I experienced a significant weight gain, huge lack of communication with my immediate family, nearly caused my relationship to fail, and made my sleep patterns to be off.

I put in MANY hours of overtime, early days, late nights, long weekends and it all ends with a “get out of here.” Not even a goodbye or good luck on your future career or endeavors. Nothing. And to make matters a bit worse for me, I made attempts to communicate with that manager and no response was given to me; none what so ever. I was overworked during my employment there (possibly beyond my job description and was underpaid considering the tasks I was to complete) which caused a significant amount of stress. Besides being overworked, I was treated unfairly shortly before, during, and shortly after my resignation.

Attorney Answers 3

Posted

After your many years of dedicated service, I can certainly understand why you were offended by your manager's behavior. The way your manager handled your resignation seemed unnecessary and insensitive, but it is not illegal. In other words, it was lawful for your employer to ask you to leave on the day that you put in your resignation. It was also lawful for your manager to escort you out of the building. You may have a claim for unpaid overtime, however. You would need to consult in person with an employment lawyer to get a careful evaluation. Good luck.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.

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Posted

Just as with the first version of the question, the answer is unfortunately no.

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Posted

As my colleagues say, you don't have a claim for this. You were an at-will employee. As such, you had few rights under Texas law. Here is a discussion of the subject:

http://www.davidcholmeslaw.com/blog/what-are-the-rights-of-an-at-will-employee-in-texas/

For what it's worth, the law didn't require them to pay you through your resignation date. They could have just cut off your pay then and there. You may not have liked the way you were treated, but your employer did nothing wrong.

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