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Not working notice

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  • 15-05-2014 7:27am
    #1
    price690
    Closed Accounts Posts: 664 ✭✭✭


    I'm working in the banking sector, I've recently given my notice (in the last week) to my current employer reason being ive got a new job. My current role is a short term contract, relatively low paid and my contract states one months notice. The role really has little link to what I believed it would be going on my past experience but of course they cover themselves in that by the wording of the contract.

    I approached my boss about the issue namely my intention to take up a full time role and seeking if there would be any movement on their side for the requirement for one months notice (i'm one month into a 3 month contract with no option of being made permanent). He told me in no uncertain terms that i'd be staying the full duration of my notice like it or lump it even though my prospective new employer is quite bemused by such a long notice period and seeking an earlier start date.

    To make matters worse, I believed 4 weeks notice would suffice but they are holding me to exactly 30 days from my written letter of notice. So now I can only finish up midweek with my current place so it will be 5 weeks before I start my new job.

    I am sick with worry over this and theres no negotiating with my boss he just sees the bottom line and wants me in work until then even if it causes problems for me getting my new job.

    I've thought about quitting but im basically worried about any consequences, I work with mostly legal professionals on a daily basis and i'm afraid they'll ask me to pay back my salary or something or else withold my next pay.

    Do you forgo your last months salary if you quit before working your notice? I havent been paid in advance or anything like that.

    I know the issue of getting a reference will be off the table but its a very short term contract.

    I'm


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    #2
    sebcity
    Closed Accounts Posts: 546 ✭✭✭sebcity


    One months notice is a standard amount of notice, I don't see why your prospective new employer would be quite bemused.

    In saying that, if you are only on a 3 month contract, your current employer is being PITA by not letting you go. They obviously don't want to start the process of replacing you so soon.

    I'm sure if you explain to your prospective employer that you can't get any reduction on the notice period, they will understand.

    Best of luck in the new role!


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    #3
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    One month notice is a long period for a short term contract but if it was in the T&CS you agreed to then that is what is required if you want to exit terminate while keeping all your entitlements. If you want to leave immediately then both parties have to compromise, they lose an employee before they are able to hire a replacement leaving them short staffed and you may have to forego domes monies owed if you want to breach the contract. Unfortunately you in most cases, cannot have it both ways, leave early, breach contract and keep all the wages due.

    By the way, rarely are jobs exactly as expected, you may find that with the new job as well.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,670 ✭✭✭✭Mrs OBumble


    Is your new employer saying that you need to start sooner? Or are you just being a worrier?

    Also, why can you not start the new job mid-week??? Some employers find it easier to not have new hires turn up first thing n Monday morning.


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    #5
    price690
    Closed Accounts Posts: 664 ✭✭✭price690


    Mrs OBumble wrote: »
    Is your new employer saying that you need to start sooner? Or are you just being a worrier?

    Also, why can you not start the new job mid-week??? Some employers find it easier to not have new hires turn up first thing n Monday morning.

    My new employers new employee intake is actually next week, everyone else seemingly had a weeks notice or were available immediately.

    My current bosses are just trying to make life as tough as possible for me really but then again they are just sticking to the contract to the word. My new boss doesn't even require a reference from them but I have never broken notice so theres an integrity aspect to it aswell. Ireland is a small place, you never know when you may encounter a former boss/colleague again.

    Monday morning is a standard start for my new employer.


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    #6
    thomas anderson.
    Registered Users Posts: 1,106 ✭✭✭thomas anderson.


    I was in a job for 4 months and a better job came along. New place wanted me to start in 2 weeks. Told the boss I was going, even though I needed to hand in 1 months notice. He offered me more money but I said nah byi tis grand, hours are better in the new place.

    And then I left.


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    #7
    Admldj
    Registered Users Posts: 188 ✭✭Admldj


    Your current employer can only withhold any holiday pay you've earned, which by the sounds of things wont be much, he has to pay you for hours you've worked, you worked those hours and must be paid for them, he most likely wont give you a reference but you say you don't need it anyway, and the new job pays more, so quit the current job ,get your back pay and spend the next month earning more in the new job, best of luck op


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    #8
    price690
    Closed Accounts Posts: 664 ✭✭✭price690


    thomas anderson. wrote: »
    I was in a job for 4 months and a better job came along. New place wanted me to start in 2 weeks. Told the boss I was going, even though I needed to hand in 1 months notice. He offered me more money but I said nah byi tis grand, hours are better in the new place.

    And then I left.

    was one months notice stated in your contract?

    Did they refuse to pay you wages due?


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    #9
    thomas anderson.
    Registered Users Posts: 1,106 ✭✭✭thomas anderson.


    price690 wrote: »
    was one months notice stated in your contract?

    Did they refuse to pay you wages due?

    It was.

    No they paid me plus any holidays I was owed.

    To be fair to them though, they were a really good company and sometimes I regret leaving. My quality of life improved drastically when I left though because the hours there were horrendous (24/7/365 tech support for a Multinational).


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    #10
    daveohdave
    Banned (with Prison Access) Posts: 483 ✭✭daveohdave


    I walked out of my last employee job nearly 20 years ago, had a contract lined up and the boss was being a douche about it. I didn't have a contract with them and I checked with a union before I did anything rash (I wasn't a member, but they were very helpful anyway), but ultimately I walked. The boss told me to never cross his threshold again, but I think he paid all I was due (bar perhaps holiday pay, I don't remember), and I've met him a couple times since and he hasn't mentioned it.

    Ultimately it came down to necessity though. I'd do it again if needs be, contract or not. You've always got to watch those bridges though, you may want to cross them again some day.


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    #11
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Admldj wrote: »
    Your current employer can only withhold any holiday pay you've earned, which by the sounds of things wont be much, he has to pay you for hours you've worked, you worked those hours and must be paid for them, he most likely wont give you a reference but you say you don't need it anyway, and the new job pays more, so quit the current job ,get your back pay and spend the next month earning more in the new job, best of luck op

    Not so, OP is in breach of contract by not working agreed notice period. If he sued for wages, employer would counter with breach of contract. If OP wants to walk out on notice, then he may have to take the hit on the wages, you don't get both unless employer agrees to reduced notice period.


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    #12
    price690
    Closed Accounts Posts: 664 ✭✭✭price690


    davo10 wrote: »
    Not so, OP is in breach of contract by not working agreed notice period. If he sued for wages, employer would counter with breach of contract. If OP wants to walk out on notice, then he may have to take the hit on the wages, you don't get both unless employer agrees to reduced notice period.

    But surely they cannot withold pay due for work carried out? of course holiday pay can be witheld but pay for services rendered must be paid surely?


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    #13
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    price690 wrote: »
    But surely they cannot withold pay due for work carried out? of course holiday pay can be witheld but pay for services rendered must be paid surely?

    Why would notice periods be required if this applied?. The incentive to work your notice is to leave on good terms and be paid in full, if you break contract then you risk getting neither. You can argue the toss but the employer will have a contract and the employee will clearly have breached it, it is a "double edged sword"


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    #14
    Ray Palmer
    Registered Users Posts: 8,352 ✭✭✭Ray Palmer


    In reality no employer is going to pursue you for breach of contract. If they were to pursue somebody with a 3 months contract for this they would be incredibly vindictive.

    If they aren't going to pay you then the cut the losses quickly so the least amount can be withheld. Although I doubt they will do that. Don't forget your manager doesn't really run the company and the company has to comply with the law first.

    They will fire you if you don't turn up.


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    #15
    blindsider
    Registered Users Posts: 2,016 ✭✭✭blindsider


    price690 wrote: »

    I am sick with worry over this and theres no negotiating with my boss he just sees the bottom line and wants me in work until then even if it causes problems for me getting my new job.

    I've thought about quitting but im basically worried about any consequences, I work with mostly legal professionals on a daily basis and i'm afraid they'll ask me to pay back my salary or something or else withold my next pay.

    I presume the new job is a permanent role...?

    Being the devil's advocate here......

    Your current boss has a job to do - he needs staff for that. He hired you for 3 months, with a 1 month notice period and you accepted it willingly. . If he wanted to let you go, he'd have to give you 1 month - it works both ways.

    The only question you need to answer is this:

    Is the new job in jeopardy because of your projected start date?

    If you new employer says "start early - or else!" then I'd be concerned. I would go back to current boss and ask "What do I have to do, to leave on X date? I want to leave on good terms."

    You might need to be tough here - this is the way it is sometimes - you have to push hard occasionally.

    OTOH, if he says "Fine - see you in 5 weeks." - you have nothing to worry about.

    Don't mean to be condescending here - honestly.....

    Don't worry so much - get a plan of action and then do it. Worrying is a pointless exercise.

    Hope it works out well for you.


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    #16
    price690
    Closed Accounts Posts: 664 ✭✭✭price690


    My new boss doesn't need a reference from my current place of employment. I really hate the job, not what I expected at all and since ive given my notice the attitude towards me has changed obviously which makes things awkward.

    i'd love to leave but it just doesn't seem right.


  • Options
    #17
    blindsider
    Registered Users Posts: 2,016 ✭✭✭blindsider


    price690 wrote: »
    My new boss doesn't need a reference from my current place of employment. I really hate the job, not what I expected at all and since ive given my notice the attitude towards me has changed obviously which makes things awkward.

    i'd love to leave but it just doesn't seem right.

    You're going to have to deal with this. Sometimes it's tough, but them's the breaks.

    If you let the change in attitude get to you, then it'll get worse - so don't let it get to you. Arrive in tomorrow all 'bright and breezy' - tell them all what a fab weekend you had - and your wonderful plans for next weekend.

    Remember:

    'Noli illegitimi carborundum.'


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