New "job" problem

bennycake

Hi. Could really do with some advice on this matter. Just over 3 weeks ago I got offered a permanent role with a company. They asked me when I could start and I said immedietaly as I didnt have to give notice to the company I was with at the time as I was on a probation period of six months.

I told my employers and they were fine as they understood it was a better role with much better pay. Finished the next day and started the day after with my new company. It was an administration job with a bit of marketing. It was basically data entry and a bit of online marketing too. Started the job, I was gettin trained in by the girl that was leaving the week after and everything seemed fine. The data entry stuff was basic stuff, not rocket science.

The manager then asked me was I working beforehand and I said I was as I had a probation period. She seemed surprised. She came back in after two days and said they wanted to change my role. They wanted to hire someone else to do the admin role and I was to do the marketing.

However, the marketing would not be full time and they would give me a call next week. Didnt work the next week. Came in the week after for a day and then they said they didnt have a whole load of marketing work for me but they told me they would give me a ring when they needed something done.

I asked why was I taken out of the admin role which was the job they had offered me and I was told I didnt show enough passion or energy for the role. I could start to see straight throught the bull**** and I could see something else was going on. They told me to keep my phone by my side and they would ring me for a few hours here and there. They had hired someone else within two days to do the admin role.

I have now been left with no job after leaving a company for what looked like a better job. Everyone I tell my story to is disgusted but I need to know is there something I can do?

I am seriously upset and disheartened and devastated with what has happened. They said I should have told them I was working beforehand as they didnt want to take someone out of employement in case it didnt work out. But they hired me to do the job and didnt give me any trial period and I am insulted that they think I could not do the data entry job. I was not struggling whatsoever, the opposite in fact.

Is there something employers get from the government for taking people off the live register? If that is the case, my suspicion is that is why I was taken out of the job. But either way I am now unemployed and it hurts to say that. I left a job for this role. They offered me the salary and the hours and I agreed to. No contract signed but can they really get away with it?

Sorry for the long story but I just dont know what to do. Any advice would be appreciated.

Newaglish

The fact that you didn't have a signed contract with defined notice and dismissal procedures means that you are subject to the statutory employment law provisions. Unfortunately if you have worked there for a very short period of time (less than 13 weeks) you are not entitled to a paid notice period nor are you entitled to claim for any form of unfair dismissal, unless you were the victim of some form of discrimination.

There's not much recourse that I can see from an employment law perspective unfortunately unless someone else can think of something.

This link has some general information which may be of us to you:

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/losing_your_job/losing_job_entitlements.html

smcgiff

It would seem to be that they were not happy with your performance. Strange that they did not try to correct it, but it's possible they saw something they thought they couldn't "fix" or live with.

Sorry to hear it

Eoin

Hi bennycake, I added some line breaks to your post; nothing else has been changed.

Mrs OBumble

Yes there is a tax break for hiring an unemployed person, afaik.

vikingdub

bennycake wrote: »

Hi. Could really do with some advice on this matter. Just over 3 weeks ago I got offered a permanent role with a company. They asked me when I could start and I said immedietaly as I didnt have to give notice to the company I was with at the time as I was on a probation period of six months.

I told my employers and they were fine as they understood it was a better role with much better pay. Finished the next day and started the day after with my new company. It was an administration job with a bit of marketing. It was basically data entry and a bit of online marketing too. Started the job, I was gettin trained in by the girl that was leaving the week after and everything seemed fine. The data entry stuff was basic stuff, not rocket science.

The manager then asked me was I working beforehand and I said I was as I had a probation period. She seemed surprised. She came back in after two days and said they wanted to change my role. They wanted to hire someone else to do the admin role and I was to do the marketing.

However, the marketing would not be full time and they would give me a call next week. Didnt work the next week. Came in the week after for a day and then they said they didnt have a whole load of marketing work for me but they told me they would give me a ring when they needed something done.

I asked why was I taken out of the admin role which was the job they had offered me and I was told I didnt show enough passion or energy for the role. I could start to see straight throught the bull**** and I could see something else was going on. They told me to keep my phone by my side and they would ring me for a few hours here and there. They had hired someone else within two days to do the admin role.

I have now been left with no job after leaving a company for what looked like a better job. Everyone I tell my story to is disgusted but I need to know is there something I can do?

I am seriously upset and disheartened and devastated with what has happened. They said I should have told them I was working beforehand as they didnt want to take someone out of employement in case it didnt work out. But they hired me to do the job and didnt give me any trial period and I am insulted that they think I could not do the data entry job. I was not struggling whatsoever, the opposite in fact.

Is there something employers get from the government for taking people off the live register? If that is the case, my suspicion is that is why I was taken out of the job. But either way I am now unemployed and it hurts to say that. I left a job for this role. They offered me the salary and the hours and I agreed to. No contract signed but can they really get away with it?

Sorry for the long story but I just dont know what to do. Any advice would be appreciated.

An employer who hires a person who has been unemployed for 12 months or more can apply for employers' PRSI exemption, there is also a tax break for both employer and employee.

Your employer should have provided you with a contract of employment setting out the terms of employment, failure to do so contrvenes the legislation.

Despite the fact that you did not have a written contract, a contract exists, you could take a case for breach of contract but it would be expensive. Have a chat with an employment lawyer at FLAC or ask your local Citizens Info Service for advice. I assume that you are now unemployed and signing on, speak to someone at your social welfare office and explain what happened, also contact NERA (national employment rights), the PRSI exemption was not supposed to cause displacement of an employee.

The whole recruitment process that you describe is flawed, no written offer of employment, no contract/terms and conditions of employment, no reference check.

I always advise people to wait until they have either an offer in writing or a signed contract of employment before resigning from a job. Any decent employer will recognise that an employee who is prepared to give notice to a current employer will do the same in the new employment.

Jim2007

vikingdub wrote: »

I always advise people to wait until they have either an offer in writing or a signed contract of employment before resigning from a job. Any decent employer will recognise that an employee who is prepared to give notice to a current employer will do the same in the new employment.

Very sage advice. It is unfortunate that some people have to learn it the hard way.

chappy

unfortunately there is nothing you can do in this situation.With or without a signed contract you can be let go from an employment for no reason within the first 13 weeks.

I must say this is very bad practice though