Can they really do this?

What is the name of your state?New York

I was offered a new position with a different company. I am not scheduled to begin for 30 days. My current boss is attempting to force me to resign early so he can find someone new to replace me. I do not want to resign until 2 weeks prior to my new start date to ensure I do not lose any money at my current job. Can he do this, and can they fire me for seeking new employment??

inshock1 said:

Can he do this, and can they fire me for seeking new employment

Click to expand...

Yes, he can. You are an employee-at-will.

Hmm51 is correct. Your employer is perfectly within his rights to accept your resignation immediately. He has no legal obligation to allow you to work out your notice regardless of when you want to stop working.

Depending on your state law, you MAY be eligible for unemployment for the time before you start your new job. It's also possible that your new employer may allow you to start early.

c'mon!!!

they can actually ask me for my resignation even though I am not ready to give it yet??

inshock1 said:

they can actually ask me for my resignation even though I am not ready to give it yet??

Click to expand...

Yes, they can. I've had experience in consulting and if you resign when you're not staffed on a project, it's common practice for the employer to let stop paying you then and there. On the flip side, I do know of cases where the employee is "on the bench" and is not required to go into the office, so he then gets another job without telling his current employer. Eventually, he gets laid off for being unstaffed for too long, but not without collecting 2 paychecks for a while. I don't know if this is illegal or just unethical.

Yes. They can ask for your resignation whether you are ready to give it or not. They can also say, "Your services are no longer required. Here's your last paycheck; don't let the door hit you in the butt when you leave".

Every state in the US with the exception of Montana (and even including Montana in some limited instances) is an at-will state. That means that you can quit at any time and for any reason, and they can terminate you at any time and for any reason that is not specifically prohibited by law.

You don't have to stay there one minute longer than you want to be, and they don't have to suffer you to work there one minute longer than they want you to. Even if you aren't ready to leave.

"I don't know if this is illegal or just unethical."

It's not illegal. No law prohibits you from holding two, or even more, jobs.

It may or may not be unethical, depending on the specific circumstances. I can think of situations in which I'd consider it unethical, and others when I wouldn't see anything unethical about it.

I can't believe it

I set up the other job to start after the holidays as a favor to my current boss. Now, I am probably going to lose a week's pay ( which I really need ) as a result. I have not even gotten the offer letter from the other job yet and he can make me resign? I only trusted him with the info. b/c I thought we had a friendship.

Is there anything at all I can do at this point?

Is there anything you can do at this point? Nothing regarding keeping your current job.

Have they, in fact, terminated you? If so, you may be able to request unemployment benefits; don't know if you'll get them, but you can file.

Lesson learned; don't count on "friendship" when dealing with business issues. Your boss' first loyalty is to the employer, not to you. And don't say anything to anybody that you're leaving until you're ready to go.

I got the lesson

I won't be trusting anyone anymore, that's for sure.