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Part Time work problem

  • 28-04-2004 4:21pm
    #1
    Closed Accounts Posts: 4,655 ✭✭✭


    Hi all

    Got a difficult one

    Couple of months ago I was let go by a company I used to work for - basically boss wanted me to stop working full time and start working part time - didnt like it but couldnt get full time, so money out-weighed pride.

    Anyway I signed an agreement for 3 months to look after various things, however a month after signing I was offered and accepted a full time position - with the blessing of the "ex-boss man"

    Now he and I both believed that I could, on the side work on a part time basis for the old company - however that is not the case since I am pulling 10+ hours a day, so I have very limited free time - thus rendering me pretty much redundant in providing an adequete part time service to the "ex boss"

    He and I have been involved in several email "discussion" and he is harping on about me leaving him up the proverbial creek, etc, etc.

    Now keep in mind even though I signed an agreement with him, no monies exchanged hands - I was going to be paid on a per project basis

    My question is this: The agreement is up for re-newal in a month (and I am not re-signing). But legally where does he stand - can he sue for breach of contract, even though I have explained several times verbally and written that I have little or no free time to do any work for him?

    Also I gave him a letter terminating our agreement a month ago, with only a day's notice (agreement stipulated a month's notice)

    Anyone any options on what I should do - my last email was kinda my final one I am willing to write (he wants to meet up, but I simply dont have the time)


Comments

  • Closed Accounts Posts: 2,027 ✭✭✭alleepally


    They way I read this, you were let go from a full time position for whatever reason (presumably they couldn't afford full time or something) and you were gracious enough to work part time. Were you made redundant and did you get a redundancy payment?

    If the nature of the part time work was on a purely ad-hoc basis then I don't see how you could be taken up for breach of any contract. No reasonable person could expect you just to keep your hands tied for 3 months and live on nothing to be at the disposal of the previous boss just when it suited.

    This ex-boss is not being reasonable if he's pulling a line that you're leaving him in the lurch.

    A face to face meeting is the best thing to sort it out, you have to make some time for it.

    Without having the full facts, it's impossible to say but I very much doubt this man would take you to court over something like this.

    What does you family and friends think?


  • Closed Accounts Posts: 4,655 ✭✭✭Ph3n0m


    Originally posted by alleepally
    They way I read this, you were let go from a full time position for whatever reason (presumably they couldn't afford full time or something) and you were gracious enough to work part time. Were you made redundant and did you get a redundancy payment?

    Absolutely not, I was, unfortunately not working with a contract - since any contract he provided for me to sign was simply not good enough for me - gave him too much leverage, etc. I was warned at the start of the year that he may let me go, but when it actually came down to letting me go - I got no more then 3-5 days notice - and because i didnt work 104 weeks consecutively, I am not entitled to any kind of redundancy. The main reason I was let go, was so he could reduce his overheads.

    Originally posted by alleepally
    A face to face meeting is the best thing to sort it out, you have to make some time for it.
    That would be a good idea, if a) he was a reasonable person and b) actually knew about the business he is meant to be in (internet related - he has no tech or internet skills at all). But most of all, I feel there is nothing to discuss - I am working full-time, and I literally have no time for any kind of part time work at all
    Originally posted by alleepally
    What does you family and friends think?
    They all believe that because the way I was let go - i should tell him to f**k off - simply put.

    As it stands I email him yesterday to correct a few things he said, and I simply ended the email along the lines of "sorry if you felt I have let you down, but you should easily be able to find someone to replace me. wishing you all the best, blah, blah,blah"


  • Closed Accounts Posts: 1,001 ✭✭✭ravenhead


    Originally posted by Ph3n0m

    They all believe that because the way I was let go - i should tell him to f**k off - simply put.

    As it stands I email him yesterday to correct a few things he said, and I simply ended the email along the lines of "sorry if you felt I have let you down, but you should easily be able to find someone to replace me. wishing you all the best, blah, blah,blah"

    Your family are right - Under the Equel Rights for Part Time Workers clause - all you legally had to give him was One days notice - which you did. Check the contract that you signed - there should be something on it about termination of work. If there isnt, he doesn't have a leg to stand on ... Tell him to go Jump!!;)


  • Closed Accounts Posts: 4,655 ✭✭✭Ph3n0m


    Ravenhead, if you re-read my first post, the agreement asked for 1 months notice in writing when terminating the agreement


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