Washington Court of Appeals Voluntary Resignation Undermines Wrongful Discharge Claim

Travis? was? a? second-year? provisional? public school teacher suffering from various mental and physical health problems.???? Travis notified his supervisor that he had a disability, including Attention Deficit Disorder and depression for which he was receiving treatment through the EAP.? ?He declined to discuss the matter any further, however, and did not respond to requests for additional information. ?Travis resigned after receiving two unsatisfactory evaluations and notice that the District was not renewing his contract for that reason. Although Travis later attempted to rescind his resignation, Division II held that Travis waived his claims ? which the opinion does not identify ?? ?by voluntarily resigning ?and ?held ?he ?could ?not ?rescind ?his resignation once it was accepted by the District. The court held that Travis?s resignation was not coerced? simply? because? he? resigned? to? avoid being terminated for cause. ?Although his attempt to? ?rescind?? his? ?resignation? ??may? ?vitiate? ?the element of voluntariness,? the Court held that ?objectively he had the choice to remain in his current position,? and ask his boss to reconsider terminating him.? ?The Court then noted that ?because of his second year of unsatisfactory evaluations, the District had valid reasons to nonrenew his contract,? so it affirmed the dismissal of Travis’s claims.?? Travis v. Tacoma Public? School,? No.? 30198-9-II? (3/9/04; Armstrong, Bridgewater, Houghton).