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Can I sue my former employer for emotional distress or unhumane/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.

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Attorney answers 2


I am sorry to hear about the difficult circumstances surrounding your resignation. Your manager's behavior (i.e., escorting your out of the building) seemed unnecessary and insensitive, but it was not illegal.

Were you paid for your overtime? If not, then you may have a claim for unpaid overtime under the federal Fair Labor Standards Act (FLSA). There are numerous factors that would need to be considered to determine whether you have a valid overtime claim, so I would encourage you to consult with an employment attorney to get a careful evaluation.

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.


Based on the facts provided, no there is nothing for you to file suit for.

Escorting you out of the office when your employment ends is standard practice regardless of who made the decision to terminate employment.