told to leave immediately after giving notice

monkey8

I gave 4 weeks notice from my job as per my contract and was told that because they did not want an unmotivated employee that i had to leave immediately and not 4 weeks.
is this legal?
i have a new job but told them i couldnt start for 4 weeks so they got a temp in in the meantime.
now i am left in limbo for 4 weeks.
i am supposed to get 4 weeks notice if i am sacked. does that not still apply if i give my notice?

Bannasidhe

Are they going to pay you for the 4 weeks?

Procrastastudy

How long were you working there? Was it over 12 months? You don't get 4 weeks noticed if you are dismissed ... you might if you are laid off.

OldmanMondeo

They can let you finish early, but they should be paying you the 4 weeks. Push them for that.

source

They can either make you work out your notice, or pay you not to work out your notice.

monkey8

monkey8 wrote: »

I gave 4 weeks notice from my job as per my contract.........

As the above folks have mentioned if 4 weeks is your notice period and the employer doesn't want you to work it than they pay you your notice.

Procrastastudy

Check your contract to make sure they don't have a clause for people still on a probationary period. Although as has been said they can;t just get away with saying on ya bike!

monkey8

thanks guys

pharmed

i am having similiar problems with my employer.
he is basically a crook who tries gets rid of staff and tries his best not to pay them for the last month if he can get away with it.
some don't bother following it up.

I am looking to leave in march but i don't want to get burnt by him. I am contracted to give him notice but he will try his same tricks of non-payment, with-holding p45's payslips etc if i give the notice.

I have booked the first week in march off as holidays. If i were to give him notice on the first of march keep my holidays for the first week, hand in a sick note from week 2 to week 4 would i get away with that from a legal viewpoint?

Our man in Havana

Dangerous game to be playing by pretending to be sick.

pharmed

Our man in Havana wrote: »

Dangerous game to be playing by pretending to be sick.

i know, and it goes against every instinct in my body but i am in an intolerable situation with a crook of a boss and at the very end of my thether.

leaving aside the morality of the situation for a moment, would it cover me from the notice period from a legal point of view?

Procrastastudy

The search function is your friend

http://www.boards.ie/vbulletin/showthread.php?t=2056531305

I'm not sure what you hope to achieve by pretending to be sick. If you leave you will be barred from claiming social for a number of weeks. If you have another job to go to just give your man a weeks notice and say - sorry but they needed me for an immediate start. (NOTE: This is form experience of hiring and firing people NOT from a legal stand point. That discussion is in the other thread.) You could also just work your notice and then take him to court if he doesn't pay you. I assume you have to clock in and out? If you are not clocking in and out he is in breech of statute - I think its the Organisation of Working time Act but don't quote me on that one.

pharmed

GCDLawstudent wrote:

I'm not sure what you hope to achieve by pretending to be sick. .

I'm just wondering from a legal point of view if I was to take my week holiday and call in sick for the last three weeks (assuming for a moment I was brought to court for breach of contract) would I be legally covered?

Our man in Havana

No.

Procrastastudy

You are going to open yourself up to a whole load of other issues.

(i) Defrauding the company sick pay scheme (if any)
(ii) Defrauding the statutory sick scheme
(iii) Dishonesty
(iv) Potential issues with references
(v) either lying or disclosing a shed load of sick days if asked by your next employer.

Seriously read the other thread and make the decision of either leaving without notice or taking the path of fighting it if indeed you are not paid.

pharmed

Thanks lads. I don't want to seem like I'm ignoring your advise because I do agree with your points but I just want to explore every option fully.
I won't bore you with the details of my situation but my options are very limited.

If I had a sick note certified by a GP (which I can easily get), ignoring the morality of the situation, would this really not stand up in court? How can you serve out your notice if you are sick?

Del2005

pharmed wrote: »

Thanks lads. I don't want to seem like I'm ignoring your advise because I do agree with your points but I just want to explore every option fully.
I won't bore you with the details of my situation but my options are very limited.

If I had a sick note certified by a GP (which I can easily get), ignoring the morality of the situation, would this really not stand up in court? How can you serve out your notice if you are sick?

Unless your looking for a reference off your employer, which I assume you don't think you'll get anyway, why not just give them a weeks notice when you go on hols? If the boss doesn't play by the rules why should you.

Saves you a lot of potential issues down the line.

GerardKeating

pharmed wrote: »

i am having similiar problems with my employer.
he is basically a crook who tries gets rid of staff and tries his best not to pay them for the last month if he can get away with it.
some don't bother following it up.

I am looking to leave in march but i don't want to get burnt by him. I am contracted to give him notice but he will try his same tricks of non-payment, with-holding p45's payslips etc if i give the notice.

I have booked the first week in march off as holidays. If i were to give him notice on the first of march keep my holidays for the first week, hand in a sick note from week 2 to week 4 would i get away with that from a legal viewpoint?

One option is to give notice on the day you get your last payslip before you start next job, limits the amount of time/pay he can screw you for,

RangeR

GerardKeating wrote: »

One option is to give notice on the day you get your last payslip the money into your account before you start next job, limits the amount of time/pay he can screw you for,

Made a slight alteration to cover. Payslip is useless without money in the bank.

kdowling

I have no sympathy for employers who treat their employees like ****€ and expect to be get proper notice etc

I don't have any legal background but I can't see how your employer would have any case to take against you if you gave 4 weeks notice and gave him a GP certified sick note. What if you really were sick. It does look suspicious but is not impossible and with a certified note from a GP that I'd proof.

Alternatively, and depending on your industry, you could let him know that if he insists on you giving your 4 weeks notice you would "work to rule" or basically just do the bare minimum or a really bad job and he would be better off replacing you.

*not legal advise* maybe some of the legal eagles here can clarify if you would get away with this!

Pkiernan

pharmed wrote: »

Thanks lads. I don't want to seem like I'm ignoring your advise because I do agree with your points but I just want to explore every option fully.
I won't bore you with the details of my situation but my options are very limited.

If I had a sick note certified by a GP (which I can easily get), ignoring the morality of the situation, would this really not stand up in court? How can you serve out your notice if you are sick?

Is your role that important that your crook of a boss will take you to Court if you quit???

amdublin

kdowling wrote: »

I have no sympathy for employers who treat their employees like ****€ and expect to be get proper notice etc

And what about employees who treat their employers like ******** and plan on calling in sick when they are not?

odds_on

amdublin wrote: »

And what about employees who treat their employers like ******** and plan on calling in sick when they are not?

+1

MagicSean

kdowling wrote: »

I have no sympathy for employers who treat their employees like ****€ and expect to be get proper notice etc

I don't have any legal background but I can't see how your employer would have any case to take against you if you gave 4 weeks notice and gave him a GP certified sick note. What if you really were sick. It does look suspicious but is not impossible and with a certified note from a GP that I'd proof.

Alternatively, and depending on your industry, you could let him know that if he insists on you giving your 4 weeks notice you would "work to rule" or basically just do the bare minimum or a really bad job and he would be better off replacing you.

*not legal advise* maybe some of the legal eagles here can clarify if you would get away with this!

It's socail welfare that pays yhe sick leave, not the employer.

kdowling

amdublin wrote: »

And what about employees who treat their employers like ******** and plan on calling in sick when they are not?

I see absolutely wrong with it in this example if like pharmed said the employer has a history of not paying employees.
You would be pretty stupid not to have some sort of plan in that situation.

source

kdowling wrote: »

amdublin wrote: »

And what about employees who treat their employers like ******** and plan on calling in sick when they are not?

I see absolutely wrong with it in this example if like pharmed said the employer has a history of not paying employees.
You would be pretty stupid not to have some sort of plan in that situation.

As Sean pointed out, it's not the employer paying him while out sick, it's illness benefit from social welfare. So by going sick for weeks when there's nothing wrong isn't okay, it's welfare fraud!

pharmed

source wrote: »

As Sean pointed out, it's not the employer paying him while out sick, it's illness benefit from social welfare. So by going sick for weeks when there's nothing wrong isn't okay, it's welfare fraud!

i have no intention of claiming anything from employer/social welfare.

the sole reason i am comtemplating giving him a sick note is to get out of having to give him notice and work for a month and not get paid or have to chase payment for 6 months.

i'm still non the wiser as to where i would stand from a legal point of view!

Procrastastudy

There is an identical thread on this started two days before you started yours that went down that very route. Yours got attention because you suggested the sick route.

To summarise - you have to work your notice it's in your employment contract unless you have grounds to repudiate the contract. In practise even reputable employers don't bother suing people if they leave without notice - they just don't give them references.

Even if your job is minimum wage they'll be 300+ people applying for it so why bother chasing you? Did the company have to go on an international head hunt to find you? Do only you posses the knowledge to do your job? Perhaps a client list or something...

Even went and found the thread for you
http://www.boards.ie/vbulletin/showthread.php?t=2056531305