Legal Question in Business Law in Mississippi


A person gives a written resignation stating their last day. If fired before the last day stated in letter, is employer responsible for paying employee through the date?

Asked on 10/11/06, 12:15 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Resignation

An enforceable express agreement arises if your letter constituted an offer and the employer accepted the offer by word or action or silence which a reasonable person would expect to constitute acceptance of the offer. The essential elements of an agreement are the exchange of something or promises, meeting of the minds, and competent parties. Every agreement includes the obligations of good faith and reasonableness. Further, the court will infer essential terms such as time and the amount of consideration if it is reasonable under the circumstances. The court can also find an inplied agreement of there was no express agreement (quantum meruit) or if nothing else and the employer benefited somehow make an award on the basis of unjust enrichment. Implied and express agreements may also arise from the employer's office policies and rules. Lastly, a claim in tort may arise for wrongful termination if the employee is terminated for whistleblowing on the employer's violations of law.

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Answered on 10/12/06, 9:53 am

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