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mutual resignation?

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  • 08-02-2012 9:14pm
    #1
    carbon nanotube
    Banned (with Prison Access) Posts: 994 ✭✭✭


    So, I had my contract terminated for not being able to perform as the role was intended and I am wondering can I approach interviews by saying my role ended by mutual agreement.?

    Mutual Agreement An employer and employee can mutually agree to terminate a contract. To be acceptable mutually agreed terminations must contain no suggestion of any pressure from the employer e.g. not "resign or be dismissed " . . Where a mutually agreed termination occurs without such pressure, an employee cannot subsequently claim unfair dismissal

    I have been there a year and can mention the location which was very bad, and not learning new skills, company too small to upskill (which was true) and saw no career progression.

    I told hr could i resign and work up a month and she said you could but you need to pay back the expenses then., so it was the case of being terminated that day.

    hr wont say nothing other than my working dates etc for a reference and she said its the same for everyone.
    thanks for feedback.


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    #2
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    carbon nanotube wrote: »
    So, I had my contract terminated for not being able to perform as the role was intended and I am wondering can I approach interviews by saying my role ended by mutual agreement.?

    Mutual Agreement An employer and employee can mutually agree to terminate a contract. To be acceptable mutually agreed terminations must contain no suggestion of any pressure from the employer e.g. not "resign or be dismissed " . . Where a mutually agreed termination occurs without such pressure, an employee cannot subsequently claim unfair dismissal

    I have been there a year and can mention the location which was very bad, and not learning new skills, company too small to upskill (which was true) and saw no career progression.

    I told hr could i resign and work up a month and she said you could but you need to pay back the expenses then., so it was the case of being terminated that day.

    hr wont say nothing other than my working dates etc for a reference and she said its the same for everyone.
    thanks for feedback.

    It wasnt mutual. Your employer terminated the employment. You had no say in this so you cant just lie and say you did.

    Try not be to too negative in interviews about previous employer but things like career progression is fine but try focus on positives. Negatives will not make you look great.


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    #3
    Eoin
    Registered Users Posts: 21,243 ✭✭✭✭Eoin


    In fact, your HR manager specifically said that you couldn't resign, so it's clearly not true. I find this a little strange, as I would have thought would be in their best interests for you to voluntarily resign, with both parties waiving the notice period. Especially if you were there over a year - or was it just under?

    As chris85 said, don't be negative in interviews. An interviewer really doesn't want to hear about all the problems you had in your last job, they want to hear why you're interested in the job you're interviewing for. Getting a list of complaints about the candidate's old employee is a total red flag for the interviewer.


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    #4
    carbon nanotube
    Banned (with Prison Access) Posts: 994 ✭✭✭carbon nanotube


    im not going to raise many flags, just going to say

    1/ no new skills, no career prospects

    2/ location was brutal, couldnt even get back home to see my family in over a year.

    thats all. HR said i COULD resign, but i would have to pay expenses back.

    some people have nice bosses but I had one of these...

    Im not going to let him mess things up

    "
    Managers lack empathy with their staff, have poor leadership skills and are often to blame for workers leaving their job, according to a new report.
    A survey of more than 1,200 employees in several countries, including the UK, found they would be up to 60% more productive if they had the "best ever" boss.
    Most of those surveyed by management consultants DDI said their self-esteem had been damaged by a boss, while two out of five admitted they had quit a job mainly because of their manager.
    Simon Mitchell of DDI said: "These findings should be of enormous concern to any business.
    "They show that leaders are failing in their obligation to employees and, therefore, their organisation.
    "The consequences of managers and bosses with poor leadership skills are enormous, and the impact good leaders have in terms of employee motivation and productivity are significant."


  • Options
    #5
    SerialComplaint
    Registered Users Posts: 2,644 ✭✭✭SerialComplaint


    carbon nanotube wrote: »

    I told hr could i resign and work up a month and she said you could but you need to pay back the expenses then., so it was the case of being terminated that day.
    I don't understand your point about expenses - what expenses would need to be paid back?


  • Options
    #6
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    carbon nanotube wrote: »
    1/ no new skills, no career prospects

    2/ location was brutal, couldnt even get back home to see my family in over a year.
    Just play to the crowd when talking about why you're leaving your old job.

    For example, if you complain about the location or travelling, a potential employer may see you as inflexible about going away or might wonder why you're applying for a job that's 30 miles away from home when you left your last one cos it was too far away.


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  • Options
    #7
    Irish_Elect_Eng
    Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    carbon nanotube wrote: »
    im not going to raise many flags, just going to say

    1/ no new skills, no career prospects

    2/ location was brutal, couldnt even get back home to see my family in over a year.

    thats all. HR said i COULD resign, but i would have to pay expenses back.

    some people have nice bosses but I had one of these...

    Im not going to let him mess things up

    "
    Managers lack empathy with their staff, have poor leadership skills and are often to blame for workers leaving their job, according to a new report.
    A survey of more than 1,200 employees in several countries, including the UK, found they would be up to 60% more productive if they had the "best ever" boss.
    Most of those surveyed by management consultants DDI said their self-esteem had been damaged by a boss, while two out of five admitted they had quit a job mainly because of their manager.
    Simon Mitchell of DDI said: "These findings should be of enormous concern to any business.
    "They show that leaders are failing in their obligation to employees and, therefore, their organisation.
    "The consequences of managers and bosses with poor leadership skills are enormous, and the impact good leaders have in terms of employee motivation and productivity are significant."

    LOL, :)

    I think that the first step for you must be to accept responsibility for your consistently poor performance during your stay with your previous employer.

    In your many threads about your short stay with this unfortunate manager, who I am feeling sorrier for every time you post, you have lamented both verbal and written warnings, your poor performance, your inability to listen to feedback and ultimately their decision to sack you.

    Give some peace to your poor ex manager and co-workers, learn the lessons that I hope this experience has taught you and move on.:(


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