How long do I have to give an employer if he is trying to extend my resignation?

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How long do I have to give an employer if he is trying to extend my resignation?

I turned in a 2 week resignation. My boss asked me to reconsider that same day but I told him no. I did agree to stay an additional month to help him find and train a replacement. I sent him resumes for potential candidates but he did not look for a replacement. After considering some things, I decided to withdraw my resignation. He said he was still thinking about it but asked me to stay another month to give him time to decide to think. How long do I have to wait for him to “think” before I can know if I have a job or not?

Asked on October 3, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You *can't* withdraw a resignation--or rather, you can only withdraw it if, when, and under the conditions that the empoloyer allows you to. Assuming you do not have an employment contract which addresses the issue of resignation and termination, your employer can terminate  you at will, for any reason. You don't have any "rights" to  your job, especially once you have already resigned (which would eliminate any rights you could have possibly had under a contract). Thus, while your employee is free to allow you to withdraw your resignation, he does not have to do this--and he is entitled to keep you dangling or wondering as long as he likes. His only obligation is to pay you for any days you actually do work.


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