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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12479
Experience:  Significant experience in all areas of employment law.
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I was told that if I did not resign, I would be fired. So I

Customer Question

I was told that if I did not resign, I would be fired. So I resigned, now I regret it. It was over the phone.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and welcome. I am sorry to hear about this situation, but I am unclear as to what you are asking. What is your question exactly?
Customer: replied 2 years ago.

what course of action can I take. I feel railroaded.

Expert:  Patrick, Esq. replied 2 years ago.
Thank you for your reply.

Regrettably, however, there is most likely no course of legal action that you can take. This is because employment in al states but Montana is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

So, even if you had not resigned, your employer would have likely been free to terminate you for any reason. Thus, "rescinding" your resignation, even if possible, would not get you your job back, it would likely just get you terminated. At least with a formal resignation you can tell prospective employers that you were not fired. That's a plus. Also, since you resigned in lieu of immediate termination, you should be eligible for unemployment benefits. This, however, would typically be the extent of your options or recourse under the circumstances you describe.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 2 years ago.
Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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