What shall i do regarding my employment?

i am having alot of problems with a company i worked for. i recently resgined over bullying and they wrote to me saying i was sacked for going awol even tho i had resigned. i have written to them now 2 more times explaining i want to work but cant due to these indiviuals they are now trying to sue me for a overpayment on their part.

they owe me 2 months pay from when i was there,

questions are - what do i do?? do i have a legal leg to stand on???

please help in some desperate need got 2 very young children to support.

many thanks

John T

Contact a lawyer.
If you resigned (in writing) and gave and worked the proper notice period as per your contract then they can't do much.
If you walked out then they would be able to do you for breach of contract or they could sack you for gross misconduct.

They cannot withhold pay for hours you worked.

a

KirstyLouise

My mums friend had a problem like this a while ago. If you live in the UK I would contact your local Citizens Advise Bureau, they are brilliant and can give you lots of information on what to etc etc. Hope this helps.

cuddles_gb

a) Did you resign properly, i.e. in writing? Did you work your notice, or come to an agreement not to work it with the company? Or does your contract say you don't need to do this? If you did not follow the correct procedure, then I'm afraid you did go AWOL, not resign.

b) IF either you resigned or they sacked you, then you can't go back to work there, you are no longer employed there. You can re-apply to work there, but I doubt they would wish to re-hire you given the manner of your leaving.

c) If you believe they owe you back pay, consult a solicitor or the Citizen's Advice Bureau on how to claim this money. Don't expect a quick resolution to this.

d) Next time, you need to fight bullying from the inside. After all, once you leave, why should they change anything?

e) Time to start looking for another job, no matter what the outcome of all of the above, I am afraid.

old know all

So how are they going about suing you? Or are they just saying they are going to do it. If they issue a writ, you can counterclaim at their expense.

You have written explaining your position. It's the responsibility of your employer to prevent you being bullied at work. Their failure amounts to constructive unfair dismissal.

Write to them setting out your letter in numbered bullet points. Repeat your version of what happened. Point out their responsibility and that they are in breach of your employment contract. Say you want them to pay you the two months' salary they have withheld and you also want an offer of compensation. If you have not received the unpaid salary AND a reasonable offer within 21 days you will start County Court proceedings against them without further notice.

smckech1972

Well, depends on what you have. Do you have any emails, recorded voice mails, letters, evaluations, etc to support your claims?

If you do not, there may not be much you can do. If you are in the US, I'd contact your local state unemployment office.

I had a similar case that I actually took to hearing and won.

Check this out, http://www.thelaw.com/forums/showthread.php?p=47376

It takes a bit to load, but the sight claims to offer free legal advice.

good luck

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