Am I still employed if I resigned but was called n to finish up work the next business day?

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Am I still employed if I resigned but was called n to finish up work the next business day?

I turned in a letter of resignation effective last Friday. Yesterday, I received no notification of what to do for separation. I finally got called around 11-11:30 and was given a list of things required. I was unable to get everything done on the list, so I have to return Monday morning. Am I legally an ex-employee or am I legally still employed?

Asked on December 15, 2018 under Employment Labor Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

At this point, you no longer work for your former employer. Therefore, you can refuse to return on Monday. Someone cannot be made to work against their will; forced labor is illegal. That having been said, if you want to make ome extra money, then you can go into owrk Monday, however first make sure that they now you must be paid for your time.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You resigned: you are not still employed unless you and the employer both voluntarily agree to ignore the resignation. Barring that, at your option, you could refuse to return on Monday if you like (they cannot force you to work against your will) or you could do the work and get a few extra hours or day of pay (even when you resign, you have to be paid for all work you in fact do).


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