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barristerinky
barristerinky, Attorney
Category: California Employment Law
Satisfied Customers: 24259
Experience:  Attorney for over 12 years. MBA degree earned as well.
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my employer formed me this morning and is claiming that i resigned.

Customer Question

my employer formed me this morning and is claiming that i resigned. everytime they fire someone they always claim the person resigned from his or her job. i worked for a gold buying company in the state of wa. by law we have to hold the gold for 30 days before shipping it to get melted down. they kept requesting dates that weren't due yet everytime payroll was due. today i told them i had researched it and that i wasn't going to be shipping early and they terminated me. is that legal?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  barristerinky replied 2 years ago.
Hello,
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Are you under any type of written employment contract?
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.

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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.
i do not have a contract with my employer.
Expert:  barristerinky replied 2 years ago.
Ok, unless you are a governmental employee or are under an employment contract, all employment in WA is considered "at will". What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.

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While what the employer did may have been inequitable and unfair, it was not illegal. Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin).

.

However, since you were terminated, you should be eligible for unemployment benefits. If the employer challenges it, you can appeal and have an administrative hearing where a hearing officer listens to the case and should rule in your favor based on what you have said.

.

 

 

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

 

 

Expert:  barristerinky replied 2 years ago.
Hello again,
.
I noticed that you rated my service as "poor". Did you have further questions or need clarification on my answer?
.
I am sorry if the news was not what you had hoped, but unfortunately I only provide the law as it stands. Although I don't like giving bad news, to tell you anything other than the truth would be doing you a disservice when you later found out the answer was incorrect.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

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barristerinky
barristerinky
California Employment Lawyer
24259 Satisfied Customers
Attorney for over 12 years. MBA degree earned as well.