Legal Question in Employment Law in California
Resignation Question
I resigned from my company Friday June 30 and gave 4 weeks notice. It was accepted by my manager. His boss emailed me today saying that he does not accept my resignation. When I interviewed (I already worked for the company), I said that I was planning on giving the job a 3 year commitment. It has been 1 year. Do they have any recourse to prevent me from leaving?
1 Answer from Attorneys
Re: Resignation Question
Unless you have a binding contract for a specified period of time (which is very rare), unemployment is terminable at the will of either party to an employment relationship. Expressions of how long you plan to be with a company is not a contract.
I cannot imagine how the employer can keep you from leaving. And California law generally prohibits non-compete restrictions, as well.
When you leave, the employer must pay all wages earned. The only other question, then, is whether they will tell prospective employers whether you resigned or were fired. You would be best to inform prospective employers that you voluntarily resigned but the employer did not want to accept it. The truth is usually the best course to take.
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