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Termination of employment - advice please

  • 25-09-2010 12:07am
    #1
    Registered Users, Registered Users 2 Posts: 29


    Hi,

    Need some advice as today after 22 weeks in a job without any prior warning I was given notice. Since day 1 it was an uphill struggle as the company in question employs approx 50 people with up to 10% of these at any time working as interns on €20 a week travel expenses. Some of the interns were our only source of specific technical skills, in particular web skills - even though we operated multiple websites we had neither full-time IT or web skills in house unless we could get it for free.

    While I worked 9-530 each day we were permitted only 45 minutes break in total, even on occasions where we were advised to arrive earlier again for meetings there was no additional allowance.

    In addition since I started I never received a payslip, which I understand is due to cost incurred.

    Business is tough and I was made scape-goat for a project the MD messed up on, I have evidence to confirm this on email.

    They now expect me to work one months notice under duress, in a situation where my reputation of 20 yrs in a specific industry stands to be destroyed because of the inefficiencies of a struggling company.

    My contract states probation 6 months, notice one month either party. To be honest, even though we're in a recession I can't bear to set foot in the door ever again - even if I lose pay for it. If I refuse to work notice what can an employer do?

    Incidentally, another person at my level left suddenly this week and I believe is not being replaced, although additional interns will be sought. Essentially I think our salary (not huge but top end of the company) were the major factor but I don't have the will to pursue, would rather put it down as bad experience and start looking for alternatives now.

    Can anybody suggest a way that I can move on with my life without any further stress from what really turned out to be the company from hell?

    Thanks
    D


Comments

  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Forget about them, they won't do anything if you decide to leave straight away. I can't believe they expect you to work your notice, afaik most employers will pay you for the last month but won't expect you to work. Who knows what kind of damage a person can do in a month when they've just been fired!!


  • Closed Accounts Posts: 7,134 ✭✭✭x in the city


    crazy ****, how will this work out re: your cv, as you seem to have a lot of experience. to have one company f*** up things like that is a bit of a joke


  • Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    dont get mad get even

    if the interns came from FAS make a written complaint to FAS

    did you have written terms of employment?


  • Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    Work out your notice but do the bear minimum. Work your prescribed hours and no more. If you are entitled to a 1 hour lunch break take it and the same with any tea breaks in the morning and afternoon. Do not do work outside your work description.

    Have they replaced any others who were let go with interns on work placement schemes, if they have I think that is in contridiction with the spirit of that scheme.

    Either way I would use that months notice to find a new job using their web access, their printers and other resources and make that your first priority of your daily work schedule with the companies requirements playing second fiddle to that. Good luck with the hunt.


  • Registered Users, Registered Users 2 Posts: 652 ✭✭✭Blackdragon


    Personally, i would pursue the matter out of principle for unfair dismissal and i would instruct my legal representation to collect damages.

    I'm not sure what would apply in a legal sense but i would speak with a solicitor to see where i stood, then, assuming i had a leg to stand on, i would splash out for a barrister and drive it home.


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  • Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    unless there is an issue such as pregnancy or racial discrimination

    you need a years service to have recourse to the unfair dismissals acts


  • Registered Users, Registered Users 2 Posts: 26,289 ✭✭✭✭Mrs OBumble


    They can't do much if you decide not to go back, except not pay any outstanding wages, and be very slow about issuing your P45.

    If you're eligible for job-seekers benefit, then not working out the notice could count against you: you'd need to go in to Welfare without any paperwork from the employer.

    But if neither of these is a concern, then given the circumstances you've described, tomorrow's actions might be limited to clearing out your desk (am) and starting job-hunting (pm, in your own house).


  • Registered Users, Registered Users 2 Posts: 4,195 ✭✭✭Corruptedmorals


    Yeah you can't go the unfair dismissal route unfortunately. If you don't need the reference or the month's pay, you could walk out tomorrow. They might be dicks with your p45 but they're legally obliged to sort that out and won't get away with it for long.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    They might be dicks with your p45 but they're legally obliged to sort that out and won't get away with it for long.
    If they are dicks with your P45, mention the Revenue. Then ring the Revenue, and say that the company is withholding your P45. They don't look at this very lightly...


  • Closed Accounts Posts: 7,134 ✭✭✭x in the city


    after just 6 months employment you god sod all rights id say unfortunately


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  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Personally, i would pursue the matter out of principle for unfair dismissal and i would instruct my legal representation to collect damages.

    I'm not sure what would apply in a legal sense but i would speak with a solicitor to see where i stood, then, assuming i had a leg to stand on, i would splash out for a barrister and drive it home.
    Unfair dismissal only kicks in after 1 year and during probation they can let any one go for pretty much any reason including, but not limited to, hair style, color on clothes and that the person could be an Vampire returned to eat the owner of the company.


  • Registered Users, Registered Users 2 Posts: 29 debbiermcd


    Hi,

    Thanks to you all for the advice.

    Seems I'll be paid a months notice (confirmed by email) and must be available for queries either remotely or at a meeting on/off site for handover. So far in a week this has amounted to two emails so I think I'm best placed to count my blessings and start the job hunting.

    Would love to get even but as I'm a new person without their stress, think my energy better served in the job hunting for now. Plus, as I voiced concerns about using interns instead of creating jobs, it'll be obvious it was me if a report was made now. I don't agree that people should be expected to work for free for a job that is unlikely to materialise, so as I'll be most likely attending FAS for the standard interview about jobs/training over the coming weeks, will check out what can be done then.

    Have spoken to my previous employers who will give a good reference so think this is one experience I'll have to put down as a bad experience.

    Thanks again everybody, you've given me a lot to think about :)

    Cheers, D.


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