Legal Question in Employment Law in Arizona

Resignation Difficulty

Hi,

My employer is telling me that they will not accept my resignation until they find a replacement. My new employer wants me to give them a letter of release from my old contract so that they can let me sign a new contract. Is a letter of release necessary? Is it legal for my employer to hold me until they find a replacement despite a 3-wk notice of resignation. Is my contract binding even if the effective date on the contract is Aug 3,2009?


Asked on 7/14/09, 11:56 pm

2 Answers from Attorneys

Blake Simms W. Blake Simms, P.C.

Re: Resignation Difficulty

Thank you for the inquiry. Whether you can resign without consequence will depend on the language of your employment contract. If contract is supposed to last for a definite period of time, your resignation without cause will constitute a breach. Some employment contracts allow a party to terminate, as long as there is proper notice. The agreement defines what constitutes proper notice.

It may be a good idea to have an experienced employment attorney review the agreement to determine your options.

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Answered on 7/16/09, 12:20 pm
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: Resignation Difficulty

To give you an answer you can use we would have to review your contract and go over the facts in detail. On the facts stated you could leave after three weeks, but most employment contracts have non-compete provisions which may concern your new employer (that may be reason new employer wants present employer to sign off). We have this situation arising these days where present employer not want leaving employee to compete, so won't sign off, etc. We can review contract but would require fee agreement, etc. (State Bar rules require).

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Answered on 7/15/09, 11:51 am


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