Walk or be sacked?

AndyGarcia

Hi all,

I need a bit of advice. I have been working in sales with a company for the past 3 years and for 2 and a half of these years i was top salesman by a mile. For the past 6 months sales in my area have been extremly hard to get due to a huge amount already being my customer and a huge amount of the remaining customers are either in a locked contract or i cannot beat their price.

My company put me on a performance plan which is 8 weeks long and if my fugures dont increase after the 8 weeks i am let go. I received a call from my company today to say if i walk at the end of this month they will pay me for one month.

I still have 6 weeks on my performance plan before i am told i am sacked. If i stay for the 6 weeks do they still have to pay me for a further 4 weeks of my notice? if this is the case that means i can work for 10 weeks compared to 4 weeks.

I am considering asking for 2 months wages and i will walk because the stress is killing me.

Am i right in saying they have to pay me for one month after they let me go?

If anyone has any advice it would be much appreciated.

Cheers

LK_Dave

if you walk are you entitled to the dole/job seekers?

AndyGarcia

LK_Dave wrote: »

if you walk are you entitled to the dole/job seekers?

Not sure Dave, i will ring them tomorrow morning and find out. just got the call about all this a few minutes ago

gcgirl

If you walk your not intitiled to job seekers if your fired you are

AndyGarcia

gcgirl wrote: »

If you walk your not intitiled to job seekers if your fired you are

Do you know if they have to pay me one month at the end of the 6 weeks?

Hannibal

gcgirl wrote: »

If you walk your not intitiled to job seekers if your fired you are

I think your job seekers claim is suspended for 6 weeks if you walk as you're leaving of your own accord

drunkmonkey

Any competing companies out there that would pay for your experience and contacts, might be a good time to approach them.

Don't walk, either try and get another job or see will they put you in a different part of the business.

Good sales people are priceless, don't let it get to you to much. Just move on to somewhere else.

AndyGarcia

drunkmonkey wrote: »

Any competing companies out there that would pay for your experience and contacts, might be a good time to approach them.

Don't walk, either try and get another job or see will they put you in a different part of the business.

Good sales people are priceless, don't let it get to you to much. Just move on to somewhere else.

To be honest i am not really concerned about the dole etc as i will get another job handy enough and if i take an offer from my current job of say 2 months. this will give me two months pay and two months to go to a load of interview and cherry pick which job i want. I am not being cocky saying i will walk into another job but the nature of my current role is very appealing to companies so i will get something. I just dont know to take an offer and go and have a few weeks to rest/get a new job

Lux23

Start looking for a job ASAP and see what what kind of interest out there, its sounds like they are shafting you mate but not much you can do.

Pat McGhee

gcgirl wrote: »

If you walk your not intitiled to job seekers if your fired you are

Last year I walked from a stressful job after more than 4 years with the company. The guy I worked for was an obnoxious bully and I had reached the stage where I found myself breaking down in tears at the drop of a hat. With my application for jobseekers benefit, I enclosed copies of numerous job applications I had submitted as proof that I had been trying to find work elsewhere for a long time. I also included a two page letter outlining the stressful conditions I was under and why I felt I had to quit. I got approved for JB from the date after I left the job.

Providing your reasons for leaving are genuine and you can support it, the social will approve a claim. Especially in these tough times, they know people aren't just gonna up and quit to get a few bob off the dole. However, if you walk out on a job but can't give a good reason, then you're not entitled to claim for 9 weeks.

Nody

AndyGarcia wrote: »

Do you know if they have to pay me one month at the end of the 6 weeks?

They have to pay you the notice period in your contract short of gross misconduct (i.e. driving drunk into your boss villa while doing funny things with his dog).

Eoin

AndyGarcia wrote:

I received a call from my company today to say if i walk at the end of this month they will pay me for one month.

What does your contract say about your notice period?

If it doesn't mention anything, then you're entitled to at least 2 weeks given how long you've worked for them. So at most it sounds like they're only giving you 2 weeks extra pay; plus they're making it easy on themselves by not having to go through any disciplinary procedures to let you go.

If they let you go at the end of the period then (unless it's gross misconduct) they have to give you your notice.

Either way though, it sounds like you'll get the same amount; it just depends on when you finish up.

Maglight

Firstly an Employment Appeals Tribunal won't accept a performance plan of only eight weeks. It doesn't give you sufficient time to improve. Your company has handled this badly and have to expect that you will go to appeal and they will lose.

So with that in mind, look at your average monthly earnings for the past six months - basic and commission. At appeal you would be liable to win somewhere between six and twelve months salary based on this average.

Now I'm not suggesting that you go down the appeal rout. It will take 18-24 months to get to appeal and you'll have it hanging over you the whole time. But it does give you ammunition when talking to your employer. If you are as good a sales person as you say, I'm sure you can negotiate a much better severance package than they are offering.

You are entitled to your notice period anyway. You are now negotiating for an exgratia payment on top. They can pay this to you in a very tax efficient manner. Make sure you include that you will get a good reference too.

Best thing for you to do now is get some legal advice

gandalf

Your best bet is to look for a job now, ask them for this "offer" in writing so you have proof and then refuse it politely. As others have said if they truly want to resolve this they probably already know they will have to offer a better settlement.

I work in sales too and was made redundant last July and bar a short term (contract) I have gotten nothing else since, in fact so far this year I have not even gotten an interview. Now maybe the area I work in is harder hit than yours but do not take the jobs advertised by recruitment agencies seriously as a lot are still vapour ware. If you have contacts in the industry use those and do not take the offer as it is only slightly better than your basic entitlements.

johnpaul750

don't walk out he has to give you 2 weeks notice for 3 years work, and 2 weeks per year worked for redundancy, there all the same scum, check out www.employmentrights.ie good luck

Eoin

He's not being made redundant, he's either being sacked or being asked to resign.

I wouldn't make it easy for them though; I especially like gandalf's suggestion to get their proposal in writing.