Legal Question in Employment Law in Washington

Forced Written Resignation

Can an employer who knows that an exempt employee (non-contract) is planning on leaving their position on a certain date force the employee to give more than two weeks written notice by threatening to terminate them if such a written resignation is not given when demanded? This is a right-to-work state.


Asked on 7/29/08, 11:26 am

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: Forced Written Resignation

Employment is "at will" in Washington State. The employer can terminate the employee for any reason or for no reason at all, so long as it is not for an illegal reason. Under the situation you describe, the reasons given by the employer are unfair and unjust, but probably not illegal. (I would need to know specifically why you are leaving to know if the reason might implicate an illegal motive for your employer to demand earlier notice.)

It's not really revelant to my answer to you, but for the benefit of others who might read your question, to my knowledge, "right to work" has to do with whether organized (unionized) workers can require that their employer negotiate terms and conditions strictly through the union. In a "right to work" state, employees who chose not to involve themselves with the union may continue to negotiate directly with employer even though they would be part of a bargaining unit if they joined the union. By that definition, to my knowledge, Washington is not a "right to work" state.

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Answered on 7/29/08, 11:42 am


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