Legal Question in Employment Law in Virginia
I have been employed by the same company for 22 years. I have been a supervisor for 10 plus years and have been promoted and demoted in my employment. I recently asked for a demotion due to stressful conditions and the inability to work directly underneath a man whom I do not respect. Once I did this I was immediately terminated. The paperwork came to me from human resources asking for my signature basically saying that I resigned the company. I did not resign from the company. I worded my sentence like this, "I would like to resign from supervisor and do something of lesser pay and stress level." Is this sufficient for termination. I also have a long history of superior achievement on the job. I have many plaques and awards in regards to performance in relation to jobs I have handled. Can you tell me what I must do to make things right.
1 Answer from Attorneys
Unfortunately, unless you were working under the protection of a contract or collective bargaining type of agreement, the company can terminate you with impunity under the situation described since Virginia is an employment at will jurisdiction.
You options would appear to be: Ask the company to restore you to your job, explaining that you had no idea that you'd be terminated by asking for a demotion or apply for unemployment benefits on the grounds that you were terminated through no fault of your own and did not voluntarily resign, and then begin searching for new work.
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