Repercussions of walking out?

Antilles

Hi,

does anybody know that the repercussions of walking out of a job if your contract specifies a certain amount of notice - legally, and/or realistically speaking?

I've always worked my notice before, but I have an extremely negative relationship with my current employer and I have been offered a new job to start Monday week.

Can or would they come after me for breach of contract or anything like that? I really hate the current place and just want quit of it as soon as possible; I'd appreciate any advice or tales of experience people might have with this.

Cheers!

AARRRGH

I've never heard of anyone* going to court because they left their job before their notice period was up.

Are you still on probation?

*Who wasn't quite senior and who wasn't leaving for a rival

Nody

Well since you're talking about walking straight out I highly doubt you'll have a competative clause in your contract that would be enforcable due to your level in the company.

Obviously references will be completly out of question, and if it is a small industry you'd also have your reputation to think about.

What is the notice period you've given/have left? There is always sick cert (pay for a sick cert doctor), holidays or simply explaining you're not coming back.

At the end of the day it really comes down to your position, knowledge and company but in general until you hit management++ level not a whole lot except deduct the salary for that time and try to throw on as much deductions in general as punishment (not always legal mind you).

Gurgle

Antilles wrote: »

Hi,

does anybody know that the repercussions of walking out of a job if your contract specifies a certain amount of notice - legally, and/or realistically speaking?

I've always worked my notice before, but I have an extremely negative relationship with my current employer and I have been offered a new job to start Monday week.

Can or would they come after me for breach of contract or anything like that? I really hate the current place and just want quit of it as soon as possible; I'd appreciate any advice or tales of experience people might have with this.

Cheers!

Whats your contract notice period?
Whats your pay period?

The lower is your legal notice period.

Are you due any holidays?
Take them off your notice period.

Is it down to a week yet?
Are you starting to feel a dose of the flu coming on?
-edit- This is not legal advice. Do not treat, quote or construe as such -/edit-

Xcellor

Gurgle wrote: »

Are you starting to feel a dose of the flu coming on?

Damn flu... it always just gets you right at the most inopportune times... ahem

faceman

Legally they can take your court for breach of contract assuming there are provisions in the contract for terminating employment. However its rarely acted upon with the exception of senior positions. (Compared with other countries in the EU who do action it regularly)

If you wont to avoid the whole fake sicky thing then your best bet is probably to be honest and say you arent happy and want to leave sooner rather than later. if the relationship isnt good then they might accommodate you. The worse that can happen is they say no.

sdanseo

Gurgle wrote: »

Whats your contract notice period?
Whats your pay period?

The lower is your legal notice period.

Contracts are legally binding, presuming he's over 18

The Hill Billy

If at all possible - work out your notice period. If the situation really is untenable - go on certified sick leave until your notice period is up.

If any potential employer got wind of someone who just walked out on a previous employer - they'd never give them a job. Next to theft of company property - walking out is seen as one of the worst "offences" an employee can make. It implies that you are totally undependable.

board om

Hill Billy wrote: »

If at all possible - work out your notice period. If the situation really is untenable - go on certified sick leave until your notice period is up.

If any potential employer got wind of someone who just walked out on a previous employer - they'd never give them a job. Next to theft of company property - walking out is seen as one of the worst "offences" an employee can make. It implies that you are totally undependable.

but going on certified sick leave is just as bad as walking out. its not as if the company dont know you are taking the sick leave for a reason. taking the time off sick screws them around just as much as walking out does, in fact they will probably be more pi**ed off becuase you have told them you intend to work your notice by giving them a leaving date but then you havent turned up for work. that is more frustrating than someone just not turning up.

OP, either work the full notice or just tell them you are leaving. best not to antagonise them by messing them about. if you can stick it out then do becuase it is more money for you and it keeps them happy. if it is really that bad that you cant work the notice then just tell them you are leaving straight away.

all the best

The Hill Billy

board om wrote: »

but going on certified sick leave is just as bad as walking out. its not as if the company dont know you are taking the sick leave for a reason. taking the time off sick screws them around just as much as walking out does, in fact they will probably be more pi**ed off becuase you have told them you intend to work your notice by giving them a leaving date but then you havent turned up for work. that is more frustrating than someone just not turning up.

OP, either work the full notice or just tell them you are leaving. best not to antagonise them by messing them about. if you can stick it out then do becuase it is more money for you and it keeps them happy. if it is really that bad that you cant work the notice then just tell them you are leaving straight away.

all the best

I disagree.

First, I'll make my position clear - I am a strong believer in honouring contracts. If a contract stipulates that a 4 week notice period I believe that those 4 weeks should be worked. I am sick & tired of posters coming on here whingeing that "May contract states blah, blah... How can I get out of it?", when they'd be the first in line to go ballistic if their employers tried to get out of a clause in the same vein.

Now, that said - there are some instances where carrying on working somewhere is just not an option for any number of reasons - for example, bullying, sexual harassment, etc, etc. Walking out without notice would make the person appear undependable (rightly or wrongly). Handing in notice & obtaining certified sick leave at least informs the employer that the employee has a serious issue rather than being someone who is petulant & fecks off at the slightest issue. Admittedly, it is far from an ideal situation & is wide open to abuse by habitual slackers.

consultech

Some interesting discussion here...

You are generally just better off working the notice period, if at best, in the most slack fashion allowable. Work to rule if u will, handy usual month's salary with none of the knock-on effects. I am of course presuming that getting a reference here will be pretty hard regardless.

On another note - Competitive agreements? Are they generally only pursued and enforced in the case of seniors moving to a rival company?

board om

Hill Billy wrote: »

Walking out without notice would make the person appear undependable (rightly or wrongly). Handing in notice & obtaining certified sick leave at least informs the employer that the employee has a serious issue rather than being someone who is petulant & fecks off at the slightest issue. Admittedly, it is far from an ideal situation & is wide open to abuse by habitual slackers.

if you think that giving 4 weeks notice and then pulling a sicky for 4 weeks is more respectable and makes you seem more 'dependable' than just telling them you are leaving straight away then you have a lot to learn about working life.

if you give 4 weeks notice you are basically giving your employer time to train someone new into your old position, it allows you to do a hand over of any work you are currently doing, and it gives you time to tie up any loose end before you go, basically making the transition from you to your replacement as easy as possible. so if you give 4 weeks notice that is what the employer expects, and that would make you dependable. but if you give them 4 weeks notice and then dont bother coming in for the 4 weeks and just send in a certified sick letter instead, you are basically pi**ing all over them. not only does it make you undependable, it also makes you unprofessional and you will always be remembered as the employee who completely fcuked them around.

if you hand in your notice and just say straight up that you will be leaving immediatly, they will still be pissed off with you, but they wont be expecting anything from you. at least they know that you are leaving straight away and that is that. you havent promised anything and they arent expecting anything, so everything is out in the open. i wouldnt expect them to be happy about it but they will get over it. you most likely arent the first employee to do it to them and you certianly wont be the last. but at least you are not promising to do something and then not doing it, you are making the best out of a bad situation.

personally i think you should always work the required notice but if you really really cant and there is no way you can do it then the only thing you can do to make everybody happy is to hand in your notice and work what ever the shortest amount of notice that both you and your employer can manage, preferably 2 weeks. you are getting out early, and they arent left completly in the siht. everyone is happy. but telling them you are going to work 4 weeks notice and then not turning up is a deifnte no no. it is a very unprofessional way to act and that is how you will always be remembered. no matter if you were the employee of the year before this, you will always be remembered for that final act. and people have long memories when it comes to things like that.