The plaintiff was a Tacoma teacher with serious health problems. ? ?After receiving two unsatisfactory evaluations, he resigned on May 22, effective August 31. ?The School accepted his resignation on June 13, effective June 20 (the last day ?of ?school). ?On ?July ?12, ?he ?attempted ?to rescind his resignation.? ?The Superior Court refused to reinstate him and Division II affirmed. The court held (erroneously) that the School Board?s change in the effective date of the plaintiff?s ?resignation ?was ?an ??immaterial change,? so there was an effective offer and acceptance of a contract to resign. ?The court held (again erroneously) that a ?voluntary? resignation waives any claims for wrongful termination. Washington law is clear that a constructive termination is sufficient to support a wrongful discharge claim. ?A ?voluntary? resignation does not? preclude? a? constructive? discharge? claim. Travis v. Tacoma Public School District, 85 P.3d 959 (03/9/04; Armstrong; Houghton; Bridgewater).
Teacher Could Not Unresign From Position
Mar 9, 2004