Do I have a case regarding wrongful termination?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have a case regarding wrongful termination?

I work at the post office and recently switched positions. I was supposed to be trained a certain way but wasn’t. Due to this poor training, the work load was over bearing. I worked 12 hour shifts with no days off. I’ve only been in this position for a week and I’ve been pulled in the office 3 times for my job performance and not being fast enough. I’ve asked for proper training so I could improve but I was told by my postmaster that, that wasn’t possible, which is a lie. On Saturday I was frustrated and accidentally texted my supervisor that I was quitting. She never responded back to me. The person over the postmaster talked to me and I stated my frustration and also told him that I wanted to quit. He talked me out of it and I worked Saturday and then yesterday both 12 hours. Today I gt a text message from the postmaster telling me that she wants me to resign.

Asked on May 14, 2018 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that without an employment contract or union agreement to the contrary, you can be terminated "at will" (i.e. as you employer sees fit). Accordingly, you can be discharged due to your performance or for any reason or no reason at all (absent some form of legally actionable discrimination). That having been said, you cannot be made to resign your position. If you do, you will not be eligible for unemployment benefits. However, your employment record will show that you were fired. If you resingn, your work history remains clean. It appears that the decision is yours.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption