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Hello - I have been watching your Employment Law program for several months now. I have an unusual situation. I resigned from my executive position in April, providing the requisite four weeks notice under my employment agreement. At that time, the CEO asked me verbally if I would extend my notice period to Jul 15 as that was the expected time it would take to find someone else to fill my role. I agreed to do that. Around Jul 15, he asked me to extend it to Aug 15. I agreed to do that. Now he has indicated that the new person can't start until January 2025 so he has asked me to extend my notice period until then. What can I do? Could this continued request to extend my notice period be construed as constructive dismissal?
You are under no obligation to agree to extend your resignation notice period as you have already provided the four weeks of notice that was agreed to in your employment agreement. You have no obligation to continue working. Your decision to continue working would not be considered to be a constructive dismissal as you were not terminated, you chose to resign. As such, you would not be entitled to severance pay.