Employer says my LinkedIn "Open to Work" post counts as my resignation. Is that legal?
Location: Texas
Employer is treating my LinkedIn "Open to Work" post as a resignation even though I never submitted written or verbal notice and explicitly told HR I was not resigning. What should I do to protect myself?
I've been with my employer for several years and recently had discussions with management about compensation. I was being moved into a salaried position, and based on the numbers, I believed it would reduce my overall earnings. I communicated my concerns professionally and explained that I hoped we could reach an agreement.
After not receiving a clear answer, I updated my LinkedIn profile to "Open to Work" and made a networking post saying I was looking for new opportunities. The post contained a line that could arguably be interpreted as referring to a past employer, but my profile itself still clearly showed that I was currently employed at my company.
I had also just returned from approved leave related to a family loss and a medical issue.
On my first day back, HR and management called me into a meeting and told me they were treating my LinkedIn post as my two-week resignation notice.
I explained multiple times that:
- I was not resigning.
- I had not submitted a resignation letter.
- I had not given verbal notice.
- The LinkedIn post was intended to show I was open to opportunities, not that I had quit.
I even offered to correct or remove the post.
I was told it was too late because people had already seen it, and they would proceed as if I had given notice.
What confuses me is:
- I don't have another job lined up.
- I had recently received positive feedback and a project bonus.
- No one had raised performance concerns.
- I explicitly stated that I was not resigning.
Has anyone dealt with something similar? Can an employer simply decide that a LinkedIn networking post is a resignation after the employee says they are not resigning?
Update:
It gets even more confusing. The morning after the meeting, I emailed HR and explicitly stated that I had not resigned and that my LinkedIn post was not intended as a resignation.
HR replied:
"In that discussion, we mutually agreed that your employment with Omni Hotels & Resorts will conclude effective June 2, 2026."
The problem is that I never agreed to resign. During the meeting I specifically told them:
I was not resigning.
I did not have another job lined up.
If I intended to resign, I would submit a formal resignation email.
On top of that, on May 19, I was asked whether I could stay until June 5 instead. I said:
"Yes, I can stay as long as needed."
That's another reason I'm confused. If the company truly believed I had voluntarily resigned, why would they ask me to extend my departure date and remain longer?
At this point, I'm trying to understand whether this is being treated as a resignation, a mutual separation, or a termination because I've consistently stated that I did not resign.