With Max, it seems like every conversation he has with Zoey he brings up his feelings for her and her lack of (at the moment) feelings for him. Why would he need to ask about "I'm Yours Zoey" when talking about the job opportunity? He is putting a lot of pressure on her to admit her feelings and whenever she doesn't he gets upset with her. He needs to give her the space and let her come around to her feelings on her own (if she has them and decides she wants to act on them). Right now he is acting like his friendship with her had the expectation that it would lead to a relationship. And if he can't continue to be friends with her right now because of his feelings for her, he needs to say that. They need to have a conversation/conversations similar to what Zoey/Simon have had. Talk about where they are at - what are the feeling and can their friendship survive not having a relationship. Max also has to realize that just because someone has feelings for someone else, doesn't mean they have to act on them immediately or at all.
I get that he's upset and confused, but continuing to put pressure on Zoey and bring up their feelings isn't helping anything. Zoey is also not at a great position emotionally right now, she's having an emotional affair with an engaged man and her dad is weeks away from dying. Now is not the time for Max to want to pursue a romantic relationship, now is the time for him to be the best friend Zoey needs.
I'm glad Mo called Simon out on the emotional affair, because that's what it is/was. And it was unfair to Jessica and Zoey what he was doing. Right now it would be best for him to also go away for a bit. His emotional state is a mess with his father dying, the engagement/affair, and end of engagement. He also could use a friend (Mo maybe?) that doesn't have any romantic feelings involved.
I think my issue with the show is how they are (or maybe it's just the fan reaction?) are presenting Max's behaviour as understandable and that we should root for him but Simon's behaviour makes him the Absolute Worst. I would love to see Max sing a song that isn't a love song to Zoey. Give us more about him and actually build it up. This promotion came out of left field, especially when you consider the peer reviews he got previously. We know more about what Tobin contributes to projects (and even Leif) but at the office Max just sings love songs to Zoey and then asks her how she feels about him.