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I am resigning w/ less notice than my contract requires, what can they do?

  • 12-08-2010 10:39pm
    #1
    Sterno
    Registered Users, Registered Users 2 Posts: 19 ✭


    Hi,

    I have a new job offer and am resigning giving 4 weeks notice, and offering to help on my days off for 2 more weeks. Problem being my contract requires 8 weeks notice and I know my bosses will squeeze whatever they can out of this situation. What are they able to do and what are my rights? I doubt they will prosecute but they will do everything else.:confused:


Comments

  • #2
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    There's very little they can do. They can refuse to give you a reference in future, or they might do something spiteful like give others in the industry a "heads up" or delay your P45 for ages.

    But generally they won't do anything.


  • #3
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    The notice period in your contract is only a guideline. The employee can resign/quit with as little as 1 minutes notice. It all really depends on how many bridges you want to burn.

    In your situation, the 4 weeks notice should be enough, I would think. There is no need to "offer" to help out the company on your days off.

    I would suggest that once the 4 weeks are up, and you take up the other job, you leave it at that.


  • #4
    Stark
    Registered Users, Registered Users 2 Posts: 21,084 ✭✭✭✭Stark


    As far as I know, they can not pay you wages owed if you resign before your notice is up.


  • #5
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    Stark wrote: »
    As far as I know, they can not pay you wages owed if you resign before your notice is up.


    No employer, or former employer is allowed to dock your wages for any reason, without your written consent. That is the law.

    All that your employer/former employer would be able to do is to not give you a reference or to "delay" your P45. Nothing more.


  • #6
    micdug
    Registered Users, Registered Users 2 Posts: 152 ✭✭micdug


    Clauric wrote: »
    No employer, or former employer is allowed to dock your wages for any reason, without your written consent. That is the law.

    All that your employer/former employer would be able to do is to not give you a reference or to "delay" your P45. Nothing more.

    Ummm no it's not. No show no pay. All they have to do is show that you were absent without leave. So you will receive pay up to when you worked.


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  • #7
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    micdug wrote: »
    Ummm no it's not. No show no pay. All they have to do is show that you were absent without leave. So you will receive pay up to when you worked.
    Yes, but they cannot withhold wages owed.

    They can sue you for breach of contract, that's about it. You would have to have cost them a lot of money in order for them to go down this route, and with the jobs market the way it is, they probably won't sweat too much about it.

    It's likely that you won't receive a reference, or if you do the reference may state that you gave less notice than your contract required; a subtle way of giving any new employer a "heads up".


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