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  1. #1
    Join Date
    Sep 2014
    Posts
    1

    Default Resigning After Committing to Stay Employed for a Period of Time

    My question involves labor and employment law for the state of: New York

    I am looking to change jobs, to a different industry. My boss is aware that I am looking and had been fine, but recently his tone changed.

    He is asking me to send him an e-mail committing to staying on until a certain date. The e-mail would simply state that we discussed my plans to change jobs but that I am committing to stay on until a specific date in a few months.

    That date shouldn't be a problem for me, although I do have on promising interview process going on.

    If I was offered that job and they REQUIRED me to start before the end of my commitment date, would there be any legal risk to me?
    I don't want to burn bridges, and I don't think the date is a problem, but this request has me thinking about all the "what ifs".

    Also, since I am at-will, there's no protection for me that my employer won't terminate me before that date, correct?

    Other details:
    I work for a small firm, less than 10 people.
    My employer will begin looking for my replacement.
    If I were to quit suddenly, there'd be a disruption. But, since they are looking for my replacement and I think I could give more than 2 weeks notice in any situation, that disruption shouldn't be significant.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Asked to Commit to Stay on for a Period of Time

    If I was offered that job and they REQUIRED me to start before the end of my commitment date, would there be any legal risk to me?

    As long as you do not sign a legally binding and enforceable contract guaranteeing that you will stay to the commitment date, no. You will, of course, have completely burned your bridges and your current employer will be legally able to tell what happened to any prospective employers who may apply to him for a reference in future.

    there's no protection for me that my employer won't terminate me before that date, correct?
    correct

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Asked to Commit to Stay on for a Period of Time

    Quote Quoting jimboski93
    View Post
    I am looking to change jobs, to a different industry. My boss is aware that I am looking and had been fine, but recently his tone changed.
    No kidding. I was in the working world for 40 years. Letting an employer know you're looking for another job is about the stupidest thing any employee can do. It's often the kiss of death.

    Quote Quoting jimboski93
    View Post
    He is asking me to send him an e-mail committing to staying on until a certain date. The e-mail would simply state that we discussed my plans to change jobs but that I am committing to stay on until a specific date in a few months.

    That date shouldn't be a problem for me, although I do have on promising interview process going on.

    If I was offered that job and they REQUIRED me to start before the end of my commitment date, would there be any legal risk to me?
    Yes.

    If you end up leaving before that date and he incurs any financial loss, he can sue you for it.

    Quote Quoting jimboski93
    View Post
    I don't want to burn bridges, and I don't think the date is a problem, but this request has me thinking about all the "what ifs".

    Also, since I am at-will, there's no protection for me that my employer won't terminate me before that date, correct?
    Correct.

    In fact, the closer you get to the end date, the more likely he will figure that your mind is not really taking care of his interests and he's likely to let you go when it suits him and there'll be nothing you can do about it.

    You could, of course, see if he'll make the end date a bilateral written agreement but that will more likely tie you to the end date then just sending him an email.

    You could couch your email in terms that you will try to stay until the end date but don't guarantee it. See how that goes over.

    Quote Quoting jimboski93
    View Post


    Other details:
    I work for a small firm, less than 10 people.
    My employer will begin looking for my replacement.
    If I were to quit suddenly, there'd be a disruption. But, since they are looking for my replacement and I think I could give more than 2 weeks notice in any situation, that disruption shouldn't be significant.
    That's all probably irrelevant.

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Asked to Commit to Stay on for a Period of Time

    OP, you are already toast. He just wants something in your file that says you intend to leave. When he has it, you are gone.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Asked to Commit to Stay on for a Period of Time

    Quote Quoting budwad
    View Post
    OP, you are already toast. He just wants something in your file that says you intend to leave. When he has it, you are gone.
    Yeah.

    That, too.

    And it will probably be enough to disqualify you for unemployment compensation.

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