Legal Question in Employment Law in Washington
Employee resignation
Last week, my employer called me into his office and gave me an ultimatum to either resign or be terminated. The next morning, I stated I would resign. Four business days later, after seeking counsel, I decided to withdraw my resignation and accept termination as I believe I have grounds for wrongful termination. Can I withdraw a resignation that was never submitted in writing? Is my employer obligated to accept it and either terminate me or allow me to return to work?
2 Answers from Attorneys
Re: Employee resignation
For virtually all legal claims for discrimination or wrongful termination, a "resign or be fired" demand is considered a termination, even if the employee goes through the form of submitting a resignation.
The legal effect of a resignation may differ for other purposes. Seek the assistance of an experienced employment lawyer for specific guidance. This is intended as general commentary only and is not intended to constitute specific legal advice.
As with any legal claim, you may have only a limited time to pursue your claim. Do not delay. Seek the advice of an experienced employment lawyer without delay.
Re: Employee resignation
I believe the other reply that you have to this (so far) is correct. A resignation gained by threat of termination is really a termination.
You mention in your inquiry that you have already sought an attorney's advice. Since he or she is already familiar with your case, you might want to give them a call to discuss your situation. (or if you are not comfortable with that attorney for any reason, I would encourage you to find another one to help you with this.) The right next step depends on the details, and the statute of limitations on some employment matters is very short, so you should act quickly.
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