Resign without notice

Devil08

Got offered a new job that want me to start ASAP.
My current contract states I must give my employer a months notice. I need to start ASAP or I will lose the new job.
I told my employer I am leaving and that I would appreciate if he let me leave ASAP. He said no and that if I left now he would not pay me my last weeks wages as a penalty. I basically laughed at him and told him to shove it.

Is this legal? I know I'm legally required to give a months notice but surely it's not legal to take my wages? It states nothing like this in my contract.

john the one

I'm sure your payment can't be stopped from your employer.

I hope your not gonna need a reference soon as your behavior is very poor to leave with no notice

davo10

john the one wrote: »

I'm sure your payment can't be stopped from your employer.

Yes they can, you are on breach of your contract. If you complain to a tribunal they will counter with the fact that your contract states you must give notice.

It's not ideal for your employer, but you are right to take the new job. You just can't expect to get everything on your terms from your current employer. Take the hit and move on to the new job, as above, forget about a reference.

skallywag

davo10 wrote: »

It's not ideal for your employer, but you are right to take the new job.

Can't agree with that.

Are there some exonerating circumstances, e.g. the current employer has wronged the OP, etc, in some way or another? Or is taking the new job purely for personal gain?

It's very unprofessional not to work out your notice, and frankly would raise a major flag to me concerning reliability.

davo10

skallywag wrote: »

Can't agree with that.

Are there some exonerating circumstances, e.g. the current employer has wronged the OP, etc, in some way or another? Or is taking the new job purely for personal gain?

It's very unprofessional not to work out your notice, and frankly would raise a major flag to me concerning reliability.

You are absolutely right and if I was the new employer, knowing OP left old job without notice, then I would be sure to pay on a monthly basis.

But Skallywag, OP has already burned bridges by telling employer he/she wants to leave now, so best thing is to leave and forget about last week and holiday pay.

skallywag

davo10 wrote: »

But Skallywag, OP has already burned bridges by telling employer he/she wants to leave now, so best thing is to leave and forget about last week and holiday pay.

See your point, but imagine the situation where the OP is genuinely letting the employer down by just leaving at the drop of a hat, i.e. where the employer will not be able to find a replacement so fast, and his/her own business will genuinely suffer as a consequence.

We don't know the circumstances of course, perhaps the OP is fully justified considering work conditions, etc.

To be frank, as someone who hires myself, I would be very reluctant to hire someone who is willing to shaft their current employer so easily without a genuine reason. It's a pretty strong indicator as to how this person is going to treat me in the future ...

davo10

Agree 100%, that is why I would pay monthly in this situation, if he leaves again without one month notice, he loses a month's wages.

ABajaninCork

Not cool to up and leave without giving notice. The new employer will want you to start ASAP which I understand. But you also have an obligation to your current employer. THEY are the ones paying your wages at the moment! I expect you'll also want a reference in the future...

When you accepted the new role, did you not tell your boss you needed to give a month's notice? And if both employers were willing to work with you so that you can start the new role quickly, whilst handing over your old role?

This hasn't been handled at all well neither by you nor the new employer. And I agree with Skallywag. I would think very long and hard about employing someone who's prepared to leave me in the lurch. If they can do that FOR me, then what are they going to do TO me??

Eoin

skallywag wrote: »

To be frank, as someone who hires myself, I would be very reluctant to hire someone who is willing to shaft their current employer so easily without a genuine reason. It's a pretty strong indicator as to how this person is going to treat me in the future ...

On the flip side, I'd be wondering if I wanted to work for a company that didn't appreciate I've a notice period to serve.

Rhys Essien

OP,whats the point in companies having notice periods if you are asking "Is this legal" about getting last weeks pay.The new company know that you are currently working and expect you to start straight away.Pretty $hit policy from them.

I wonder do they have a notice period themselves for employees to leave.I would think so.You have now possibly lost a reference when you could have been cute with the boss and been let go after a week or two of notice.

Are you in a producing company?.Will you not be costing your current employer money by the time you are replaced?.If so,then forfeiting the weeks wages would be justified IMO.

Dont forget,Its you who are the one leaving on bad terms.

Devil08

First of all, I'm not worried about a reference. I've had numerous previous jobs I have references from.
I've also left jobs in the past whereby I was required to give a months notice but they always negotiated this down to a week or two without problems. My present employer isn't willing to negotiate at all mainly because we don't get on.
That's the reason I'm leaving. My boss is a tool and I've no respect for him due to the way im treated on a daily basis.
The new job I'm being offered need a role filled ASAP as the person who previously occupied it has had to quit for medical reasons. It's a role they can't leave open for long. They said they respect I may need to serve my months notice but that they will be taking on the canditate who can start soonest but that I am their preferred canditate. They are certainly not telling me to quit my job straight away. They are leaving that decision to me.
I'm sure they would look fondly on me doing this however. It shows I want the job badly and I want to work for them.
My main gripe anyway is my current employer trying to take money from me that I have earned. If this was stated in the contract fair enough but it's not. There is nothing about a penalty for not serving out your notice so it's quit a vague area

Snake

Eoin wrote: »

On the flip side, I'd be wondering if I wanted to work for a company that didn't appreciate I've a notice period to serve.

Was thinking the same myself, it's just common courtesy you'd tell your current boss you'll be leaving soon, so he has some time to arrange a replacement.. You're coming on here complaining how he's left you with no money for the week wah wah but you hung him out to dry by doing that, and telling him to shove it is just plain ignorant. To be honest, if I was him I'd be looking for the last 3 weeks as well as this weeks wages back

Snake

Devil08 wrote: »

My boss is a tool and I've no respect for him due to the way im treated on a daily basis.

Well if you'd such a problem with him then why didn't you leave the job sooner. Sounds to me like you're making excuses to look better.

Devil08

retrogamefan wrote: »

Well if you'd such a problem with him then why didn't you leave the job sooner. Sounds to me like you're making excuses to look better.

Sooner? Sooner than what? I'm there 6 months, and I've been looking for another job for 3 months.
He promised me the sun moon and stars when I took the job. Found out it was ****e talk after about a week. When ever I ask him can we meet to discuss certain things he fobs me off. I've never worked with anyone like him before. There is 15 people in my company. The rest feel the same but aren't arsed doing anything about it

Snake

Devil08 wrote: »

Sooner? Sooner than what? I'm there 6 months, and I've been looking for another job for 3 months.
He promised me the sun moon and stars when I took the job. Found out it was ****e talk after about a week. When ever I ask him can we meet to discuss certain things he fobs me off. I've never worked with anyone like him before. There is 15 people in my company. The rest feel the same but aren't arsed doing anything about it

Doesn't mean you go burning bridges. Employers talk to employers. If he was to say to someone what you done and it gets passed along it can make life difficult, I'd apologise to him for one, whether you think you're right or wrong, and just tell him why you need to leave so early, if he's not having any of it, then leave it at that and at least you took the high ground. If you say he's a tool and you have no respect, that doesn't mean you get to be a tool.

Devil08

I'm looking after myself here. I've been offered a better job with better conditions and working for someone who I'm pretty sure will treat me right.
There is no way in staying in my current role and serving my notice just out of respect for someone who has never shown me any! Serving my notice isn't an option because the job will be gone if I do.

davo10

Devil08 wrote: »

I'm looking after myself here. I've been offered a better job with better conditions and working for someone who I'm pretty sure will treat me right.
There is no way in staying in my current role and serving my notice just out of respect for someone who has never shown me any! Serving my notice isn't an option because the job will be gone if I do.

Write off your last weeks wages, you are not going to get them. You may have earned them but you breached the terms of the contract. You can't have it both ways, nor should you.

Eoin

Devil08 wrote: »

There is nothing about a penalty for not serving out your notice so it's quit a vague area

It's a breach of contract, so any penalty would be decided in court, if it came to that.

Maybe you could get your last week's wages if you get legal with them, but you have to appreciate that they have a legitimate gripe with you as well.

There are rules around deducting from your pay (read here).

When someone leaves work and they've taken more leave then they're entitled to by that stage of the year, then that employee will owe the company money, which is taken from their last pay slip. I don't know if this could be considered the same thing.