Legal Question in Employment Law in New Jersey

Well it's kind of tricky which is why I want to ask what I can do before I do it. I am planning to start looking for other work as the job has changed significantly and isn't what I signed up for. But, my CFO at my current company has been a good boss, I don't want to be job hunting and him have to get a call about a reference. I would much rather write him a letter explaining why I am leaving, and that I am actively job hunting. But if I write that letter would it count as a resignation letter? As I am not officially quitting, I still intend to continue working there for now. I would just be informing him that I don't intend to stay long term so they could plan a replacement properly.

I don't mind quitting if I have a job ready to go, but I don't want to leave without having an income. So am I stuck not being able to give advance notice?


Asked on 3/21/11, 5:48 pm

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. As far as the letter constituting a "resignation," it depends on what, exactly, you say. I could review the letter and advise you. As for the rest of your inquiry, it is more strategic in nature than legal. Obviously, to help avoid an unsolicited call, you must make your concern clear when you apply for a job. There will still be a risk of the errant call. As far as telling your boss, you must ask yourself, "What makes you think he'll want you around once you make your intentions known?" As a former employer of many people, I did not want "resigning" employees to "stay-on." It tends to "empower" co-workers and you never know what that employee may be doing to sabotage the business---at minimum, you must assume that the work quality will suffer because there is generally "little downside" for the employee that slacks-off. Tread carefully!

Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 3/21/11, 6:22 pm


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