Urgent Situation: Work saying I can not leave until end of month.

LegacyUser

Let me do this quickly since i am in work and have to say something within a few hours.

Basically, I am a temp working for a company. My terms and conditions say "give three days notice when ur leaving". Two weeks ago, the company said they will be laying off the temps at the end of the month. I am one of those temps. I decided I would give a weeks notice and leave before then to go away for a week. My boss tells me today that I can not leave until the end of the month. I gave a weeks notice. Would have given him two weeks notice but my boss was away and only came back last week. So basically, I get an email today(two days before i am due to leave) that I have to stay until August 31'st as these are the terms and conditions of my contract.

1) I do not have a contract. I have a timesheet with terms and conditions.

2) I want a good reference as believe it or not, it is a large reputable company but they are acting like clowns.

3) I contacted my recruitment agency who are trying to sort it out.

4) Where does this leave me? Why are the company acting liek such dicks?

I have honoured my agreement 110%. Why are they being difficult?

HR have told my recruitment agency they are not impressed with this. What can be done? Can i get a good reference even if this is looking messy.

:mad:

leeroybrown

It seems like a very clear cut situation. They're definitely wrong but you're worried about a reference. Ultimately it's up to you to figure out if you can leave when you want and still get a decent reference from someone.

Tell you're rectuitment agency that you're not too impressed with the company's actions. They may reluctant to say anything as they rely on the company for business but perhaps they'll point out that you're in the right.

pebble

Where does it say you have to give 3 days notice?

Where does it say you have to give 1 months notice?

Is the reference *that* important to you?

Do you actually have to leave before the end of August?

silverside

OK, legally sounds like there is no way they can hold you to a month's notice. So the only possible thing they could do is shout at you, or mess you round by giving you a dodgy reference or stalling your wages). But I don't think they would do that.

Sounds like you already have another job lined up so stick to your guns. The company can't give you a bad reference without being liable for slander, so they will probably just give you a standard reference saying 'Joe Bloggs worked for us as a Beer Taster between 1st of X and 31st of Y 2004'.

LegacyUser

Hey guys,

Tomorrow(friday) is the day of defeat(for either myself or the company). I called my recruitment agency who are trying to sort something out with HR. I do not know why they are being such ****ing dicks(the company that is. My recruitment agency have been very helpful so far and very cool to talk to.)

Ok, picture this. A few weeks ago, a guy came to me when my boss was away and told me "bla bla bla dont take this personally but X are laying people off the end of August and you are one of those people. Bla bla dont take this personally."

It turns out myself and two other people from the same recruitment agency who are on different shifts to me have been let go too. I accepted this, because I was going back to college anyway and this suited me. The company on this occasion totally suited themselves which also happened to suit me then 3 weeks ago when this guy I had never met before told me the situation.

So I decide, well I am not waiting around until 31st August so I will give in my notice, go on holiday for a week or two then head back to college. So I get my notice ready, give it to my boss(his desk since he was away, he came back the following day). That was last Thursday 12th. Now thursday 19th(one day b4 i leave), i hear I am not allowed leave until 31st as this is in my terms and conditions with my recruitment agency since i have worked more than 13 weeks or something. I have never heard this in my life before and I never signed a single thing or contract for this place. I was a temp with a timesheet to fill in every week.

Terms and conditions are on the back of my timesheet: Saying the contractor can end agreement with either party as long as 3 days notice in writing is given. That is that. That is what I had, that is what I followed. I actually gave a week and a bit.

ALso, i went on holidays for a week in june and they paid me for that week. Are legible to take that pay back because the recruitment agency said they may do it. But legally, are they entitled to it?

So I emailed my boss directly today telling him that my recruitment agency are sorting this out with HR. He said ok. So I have one day(tomorrow) to find out about this. Either way I am going. I have not done anything wrong. HR are apparently "annoyed" with what I am doing but what is so wrong about it? They can't just throw little things at me now and again telling me "oh ye u cant leave until bla bla bla" yet they are. And for crying out loud, I am just a temp.

PS: The company is huge therefore reference is ESSENTIAL for me.

Thanks in advance guys but seriously, what an awkward bitch of a situation to be in.

So that is the story and HR and my recruitment agency are sorting this out.

PS: I do not have another job lined up as I am going to college but isn't it really important for me to have one for when I finish college?

SantaHoe

Are you sure they even give proper references?
I worked my arse off for a high profile company, served a whole month of notice in a position I was cracking up in, giving my best for every day of it - only to find that they don't give references for legal reasons.
Glad to have left on good terms, but at this stage I'd say I'm nothing more than a name and some numbers to them... might aswell have just walked like most other people did.

LegacyUser

I do not have a clue what the story with references is to be honest. Screw it. The company is Hewlett Packard. There I said it. I have given my all. It is unfortunate the way they try **** you around. They had no problem telling me I was sacked the end of the month yet they want me to serve that time period. HAH! Good luck!

Johnny Versace

I'm sorry to hear about your situation. Unfortunately, having unreasonable superiors is just a part of normal life.

You are doing nothing wrong. If they give you a bad reference based on this you can sue them.

I'd be more than willing to ring them and see what kind of reference they give you (I own a company.) PM me if something like this interests you.

Good luck.

PS My advice is to leave at the one weeks notice. **** 'em.

KdjaCL

Holiday entitlements are a day and qtr for every month worked, the agency be responsible for this if they pay you. You may be owed monies from them when you leave.
You can walk out on any job at any time if you want legally they cant force you to work but it is still a contract of sorts. The only downside is reference therefore you find your nice manager and use him as it NOT HR. Stick his name and number on your CV the new place will call him. If you worried about it ask your mate to call loking for a reference for you (pick a good serious acting mate not the stupid one who will laugh etc:)

You handed in your notice and are only temp so afaik this is how it works.
3 months worked or less 1 week notice , 3 to 12 months 2 weeks notice, above 12 is 21 days notice UNLESS specified in your contract which you didnt sign , the agency may have signed it for you or provided a worker who would adhere to a set of rules they did not see (typical agenices)
Just leave on your date and worry only about the reference (which you can check up on) .

kdjac

LegacyUser

Thanks a million for the replies guys. It is encouraging to have those. I am trying my best to not let it bother me but it is in a way since I honestly worked my balls off(only called in sick once when i genuinely was) to try get a good reference.

Johnny Versace - Your plan sounds extremely appealing. Firstly, I greatly appreciate it. Secondly, I will more than likely take you up on that offer depending on how tomorrow goes. It is a big day for me. Once again, thanks for the offer. That is a very cool thing for you to do!

Kdjac, Thanks for the info. The problem with the place I work at is I am in a place with three other guys for 12 hours a day three days a week. I have not built any personal relationship with anyone. It is literally walk in and straight to work. Pretty demoralising if you let it but I just got on with it. the cash was nice and afterall, I was only a temporary.

I am just finding it all pretty funny to be honest. Such a reputable company to act all silly on me, a lousy temp!

RicardoSmith

In my experience most people that can be bothered to ask for a reference (very few in my experience) will look for someone to ring. Generally if your references are more than 12 months old the person who gave you the reference will be gone. They are either you mate, or someone you got on with. So they are a load of rubbish most of the time.

mrhappy42

My understanding is that you are weekly time sheet and you gave notice to someone in HR two weeks ago...then go. Let your boss type his own junk.

M