Can't work out full notice

meechmunchies2

Hi all,

I recently (just two weeks ago) started a new job. I signed the contract believe I would be here permanently as my plans to travel to New York on a Graduate Visa fell through.

However, just today, an email from a very prestigious company offering me an internship for 6 months in NY, paid, came through. I had applied for this months ago, did a skype interview and had forgotten about it and am in disbelief ive been selected.

It's an opportunity I would regret for the rest of my life if I didn't take and not a chance many people are likely to be offered, friends and family agree i would be mad not to take it.

Here's the problem, I can only do said internship if i use my grad visa, which I will need to travel on before 17th Feb 2017 within the clause of the visa, I've rang my visa ppl and all I need to do is pay the rest of my fee (i had paid a deposit but decided i couldn't go because of a mental health issue/not finding an internship i wanted) and I will have my visa just on time!

The problem is, I have a 2 month notice with this company and am worried I will be sued or have to pay damages if I ask to leave in February, especially seen as i just started, I also feel like a massive AHole putting them in this position. Can anyone advise me what I should do here. Honestly I'd love to resume my position here if possible after the 6 months but that's very unlikely to happen.

Thanks so much

SATSUMA

Tell them the truth

meechmunchies2

Of course i am going to tell them the truth, I wouldn't dare lie, i'm an honest person and it gets you nowhere. But I'm not going to New York if it means I am going to be sued or face recourse for not being able to work out my notice (like having to compensate them as then I wont be able to afford to go over anyway)

seamus

meechmunchies2 wrote: »

The problem is, I have a 2 month notice with this company and am worried I will be sued or have to pay damages if I ask to leave in February

2 months for what is presumably an entry-level position? Load of crap. Wouldn't stand up in court even if it got there, but it won't go that far anyway. I have never heard a single case of anyone being sued for not working their notice. Not unless they're a CEO or something.

Tell them today what's happened and they'll probably tell you to head off, don't bother coming in on Monday. You've only been there two weeks, not long enough to have gotten involved in anything.

If they turn around and make noise about the two months (they wont!), then tell them your last day will be Friday 2nd February 2018. They can make all the noise they want, but ultimately they can't force you to come into work. The only reason I'd even tell you to hang on till February is to extract a paycheque out of them until you leave for NY.

meechmunchies2

seamus wrote: »

2 months for what is presumably an entry-level position? Load of crap. Wouldn't stand up in court even if it got there, but it won't go that far anyway. I have never heard a single case of anyone being sued for not working their notice. Not unless they're a CEO or something.

Tell them today what's happened and they'll probably tell you to head off, don't bother coming in on Monday. You've only been there two weeks, not long enough to have gotten involved in anything.

If they turn around and make noise about the two months (they wont!), then tell them your last day will be Friday 2nd February 2018. They can make all the noise they want, but ultimately they can't force you to come into work. The only reason I'd even tell you to hang on till February is to extract a paycheque out of them until you leave for NY.

It's not an entry level position unfortunately, it's a middleweight postion. My grad visa is a masters grad not a undergrad. The thing is if i don't keep this job for this months pay and next i wont have enough money to go (be missing almost two months rent, bills, food, living expenses etc) out of what i have saved, I don't have any family etc so i have nobody to borrow from or stay with.

jimmycrackcorm

They won't chase you anyway, but check your contract as usually there is a shorter notice specified during the probationary period.

If it is two months then it works both ways and you have two months before Feb 17th.

Near in mind that holidays over Xmas will need to be considered against the time off you can accumulate.

meechmunchies2

jimmycrackcorm wrote: »

They won't chase you anyway, but check your contract as usually there is a shorter notice specified during the probationary period.

If it is two months then it works both ways and you have two months before Feb 17th.

Near in mind that holidays over Xmas will need to be considered against the time off you can accumulate.

Thanks a mill, I am on probation so i'll check that!

TimeToShine

meechmunchies2 wrote: »

It's not an entry level position unfortunately, it's a middleweight postion. My grad visa is a masters grad not a undergrad. The thing is if i don't keep this job for this months pay and next i wont have enough money to go (be missing almost two months rent, bills, food, living expenses etc) out of what i have saved, I don't have any family etc so i have nobody to borrow from or stay with.

You're grand. People leave all the time - check your contract but I'm fairly sure a weeks notice is standard both ways during your probationary period. Give them a weeks notice, apologise and be on your way. A disclaimer would say to bear in mind though that, and I suppose this is industry dependent, Ireland is a very small place and jumping ship like that may come back to bite you somewhere down the line. Your real problem here is money, NY is a very expensive place to get set up - you'd need 2 months rent up front in cash plus living expenses until you get paid. Flights and paying off the remainder of the grad visa will cost a few bob too.

I wouldn't worry about being chased or sued, if I did something like that and got a letter in the post looking for damages it'd be going straight into the fire.

Best of luck.

meechmunchies2

TimeToShine wrote: »

You're grand. People leave all the time - check your contract but I'm fairly sure a weeks notice is standard both ways during your probationary period. Give them a weeks notice, apologise and be on your way. A disclaimer would say to bear in mind though that, and I suppose this is industry dependent, Ireland is a very small place and jumping ship like that may come back to bite you somewhere down the line. Your real problem here is money, NY is a very expensive place to get set up - you'd need 2 months rent up front in cash plus living expenses until you get paid. Flights and paying off the remainder of the grad visa will cost a few bob too.

I wouldn't worry about being chased or sued, if I did something like that and got a letter in the post looking for damages it'd be going straight into the fire.

Best of luck.

Thanks a mill. If things go according to plan, things that happen in Ireland might not matter too much I plan on being very apologetic as I really didn't intend to leave like this and I love being here and all the staff (I did 2 weeks freelancing here before I started the job, I was never meant to be permanent)

I've got enough for my visa and a few bob put away providing I can hang on to it so I should be fine as long as I can hang on to it so it's in my best interest to see if they will let me work till feb so I don't have to dip into savings to pay rent etc. before I leave

Thanks so much for the advice

meechmunchies2

meechmunchies2 wrote: »

It's an opportunity I would regret for the rest of my life

Just keep repeating the above a few times

If you’re only there 2 weeks, they will not expect you to give 2 months notice.

Here’s an encore

meechmunchies2 wrote: »

It's an opportunity I would regret for the rest of my life

BrokenArrows

While the company may have the right to come after you for damages, they wont.

For your standard employee its just not worth the hassle. It would cost them more in legal fees than they will have paid you in salary.

It might be different if they were appointing a new CEO and you pulled out after 2 weeks.

Im sure they will be a bit annoyed however since you only started 2 weeks ago their other candidates that they interviewed will likely still be available and they could just call someone and offer them the position.

Brainz

Is there a clause in relation to probation that might only be a week notice