Legal Question in Employment Law in California
Resigned & Withdrew, But No Answer after Term. Date has Passed
I resigned my job giving a month�s notice. Two weeks later, I verbally offered to extend the notice period beyond the termination date for an undefined period of time to allow more time to recruit my replacement. My boss accepted this, declining my offer to submit an amended resignation letter. The following week I asked to withdraw my resignation. My boss said she�d discuss it with another manager & let me know. A week later I asked the status and she said she hadn�t discussed it yet. My termination date has expired and I�m still employed, putting in 110% effort. No further discussion has taken place, yet I�ve learned they are interviewing for my replacement and it�s supposed to be kept secret from me. Is my resignation still in force or can I insist on a layoff when they notify me they�ve hired my replacement? I would like to apply for unemployment benefits.
1 Answer from Attorneys
Re: Resigned & Withdrew, But No Answer after Term. Date has Passed
For unemployment purposes, a rescinded resignation will generally operate to make an subsequent separation (where the employer refuses to accept the rescision) a termination rather than a resignation and thus you would probably be entitled to unemployment.
It may be helpful for you to document the offer to stay and the rescinded resignation in writing in the event the employer denies that you rescinded your resignation.
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