In an At Will state, can I be fired for insubordination for declining to meet with supervisor because of depression disability?

Asked 8 months ago - Seattle, WA

I was advised to resign in lieu of termination due to allegations of insubordination for declining to meet with hostile supervisor due to the fact that the meetings caused panic symptoms and worsened my depression. I have been under doctor's care and taken medication for Major Depressive disorder since 2003. I was hired in June 2008, and employment was terminated December 2013. I did not quit, but the Settlement Agrmt and Release of All Claims states 'voluntary resignation'. I asked what 'voluntary resignation' meant and they said 'resigned in lieu of temination'; $5000, vacation, unemployment benefits and 5 months COBRA-like coverage (Non-profit). During the 5+ tenure, I (currently age 58) was not paid equal to coworker (45) with same responsibilities. Should I sign and agree to terms?

Attorney answers (3)

  1. Alexander J. Higgins

    Contributor Level 11

    8

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    chosen by asker

    Answered . Your case is extremely difficult to analyze based on a single paragraph. It would be unwise for anyone to give you a "yes" or "no" answer to your question.
    My frank opinion is that your case does not sound terribly strong.
    On the other hand, you may have more leverage than you think.
    Finally, you need to protect your right to get unemployment compensation which could be jeopardized by such an agreement.
    Spend a few hundred dollars on getting a lawyer to review your situation and the language of the agreement. It'll be worthwhile.
    -Alex

  2. Jenna M Wolfe

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I agree with the other counsel on this question. When there is a written agreement involved, it is a good idea to have it reviewed by an attorney. It shouldn't take much of his or her time to give you a consultation on your potential claims.

    This response is meant for general information only and does not constitute legal advice. This response does not... more
  3. Mishka L Marshall

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Have a local employment attorney review the agreement and your facts before you sign anything. It really isn't possible for an attorney to give you any advice about an agreement without reviewing the entire document. Good luck.

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