Quitting

Heisenburg81

Having a few issues at work and dont want to go back in New Year.
I have a one month notice in contract.
What can an employer in theory do for breach of contract if you quit without notice?

dubrov

In practice, they can just give you a bad reference

Happy4all

dubrov wrote: »

In practice, they can just give you a bad reference

I would have thought they can't give a bad reference unless it is warranted.

OP, have you a new job lined up? If not I would be inclined to hang on until something is sorted and grin and bear it in the meantime.

Get Real

Nothing. I've done this several times. As long as you're not shooting yourself in the foot down the line (same industry and people etc) you could leave tomorrow and they could do diddly squat. 1 months notice is there to protect the employee more than the employer.

dubrov

Happy4all wrote:

I would have thought they can't give a bad reference unless it is warranted.

They could mention you didn't serve out your notice and also not be too enthusiastic about you. Imagine a reference where the employer said you were ok but nothing special. People read between the lines

Heisenburg81

Happy4all wrote: »

I would have thought they can't give a bad reference unless it is warranted.

OP, have you a new job lined up? If not I would be inclined to hang on until something is sorted and grin and bear it in the meantime.

No job lined up.
Sinister and snide behaviour taking a high toll on my mental health.

Raheem Euro

Follow your boss after work. Kill him at the first convenient opportunity.

punisher5112

Just remember you can't claim job seekers as you will be quitting.

dingdong1234567

Heisenburg81 wrote: »

No job lined up.
Sinister and snide behaviour taking a high toll on my mental health.

Let them sack you, claim the dole and then get a job. And move on. Having been in my fair share of really bad work environments (Meath County Council) it is really important to put your health first. Use the system to your advantage as I have described above.

Your choice obviously. Good luck.

hairyslug

If it's affecting your mental health, go to your doc, see if they think you need a sick note, work out your one month that way.

mycro2013

In regards getting the jobseekers after you quit, it is still possible as a buddy of mine quit his job for similar reasons and was able to get his payment.

If you want more information you can pm me. And best of luck with your endeavours.

Purple Mountain

It's Christmas day and you're worrying about your job. That's bad.
Please go speak to a GP the next working day.
Good luck with it. X

Qrt

mycro2013 wrote: »

In regards getting the jobseekers after you quit, it is still possible as a buddy of mine quit his job for similar reasons and was able to get his payment.

If you want more information you can pm me. And best of luck with your endeavours.

Constructive dismissal comes to mind.

Bandana boy

Things like walking without notice follow you around

You will be very surprised that when you hand in your notice how much of a lift you will get from it , there is a light at the end of the tunnel .
I would hand in the notice and work your month , it will be a lot easier once you have dealt with the situation .

hairyslug

mycro2013 wrote: »

In regards getting the jobseekers after you quit, it is still possible as a buddy of mine quit his job for similar reasons and was able to get his payment.

If you want more information you can pm me. And best of luck with your endeavours.

This is somewhat what I did, I was initially physically sick which led to mental issues. Once doc said I was fit to work I was able to claim job seekers, however I did not get any payments (didn't look for them) until I was fit to work again.

Raheem Euro

If you were to go down a litigious route or HR complaint type thing you will need to start keeping a detailed journal/diary. With every incident, big or trivial, noted down - date, time, occurence.

You should not be obliged to quit when it is your employer who is in the wrong. Even if you are forced to take sick leave if the pressure is unbearable. Your employer has a duty of care to you and if any staff member is bullying you or abusing your rights then your employer must address the issue when it is brought to his attention.

If the situation is not dealt with right there are various legal remedies.

If the problem is primarily that you dislike the job then toughen up and continue until you have secured a new job. And give reasonable notice. Kill them with kindness when leaving.

Manach

My sympathy to the OP, some jobs are head-wreckers. Not expressing a legal opinion, but my understanding it is almost unheard of for an employer to seek to enforce the notice period term in a job contract.

Shelflife

The reality is they can’t really do a lot.

However if you up sticks and leave them in the lurch then you can expect that to follow you.

Every new employer will ask for a reference from the old employer and they will be told that you walked off the job and left them with no notice.

That will really count against you in an interview process.

Happy4all

Talk to the employer. Maybe they will agree a shorter or no notice period. Often the employer will see making you stay a month as counter productive. Better to leave on somewhat better terms for the sake of future jobs etc

Heisenburg81

Happy4all wrote: »

Talk to the employer. Maybe they will agree a shorter or no notice period. Often the employer will see making you stay a month as counter productive. Better to leave on somewhat better terms for the sake of future jobs etc

Employer not the problem, staff are.
Afraid that if I hand in notice will be a free for all for the month I have to work.
Already not sleeping well and find myself feeling hopeless.

Pkiernan

dingdong1234567 wrote: »

Let them sack you, claim the dole and then get a job. And move on. Having been in my fair share of really had work environments (Meath County Council) it is really important to put your health first. Use the system to your advantage as I have described above.

Your choice obviously. Good luck.

He's choosing to not be a scrounger. He should be applauded, not encouraged to sponge.

diceyreilly

Do what you want to do. It’s only a job. Call in sick for the month while working out your notice if you want.

splinter65

punisher5112 wrote: »

Just remember you can't claim job seekers as you will be quitting.

That’s not necessarily true. If the OP makes a complaint to WRC about constructive dismissal under the unfair dismissals act and has proof of making the complaint then DSP May waive some or all of the 9 weeks disqualification

blade1

Heisenburg81 wrote: »

Employer not the problem, staff are.

Speak to your employer and tell them how you feel so.
They surely should care about the welfare of their staff.

Bicycle

If it is a bullying situation then report it to HR and keep detailed reports of incidents.

Employers have a vicarious duty of care to employees in respect of bullying. In other words, if you are being bullied at work, provided you let someone senior to you know, then the employer becomes responsible for your welfare and the WRC doesn't look favourably on such situations.

Bullying at work is defined as:

Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, physical abuse and humiliation.

http://www.citizensinformation.ie/en/employment/equality_in_work/bullying_in_the_workplace.html

Mrs OBumble

Mr.S wrote: »

They cannot give you a 'bad' reference.

They can, provided it's truthful.

vectorvictor

Mrs OBumble wrote: »

They can, provided it's truthful.

This.

The can't say OP is awful don't go near him.

They can say things like he didn't serve out his notice, responded poorly to feedback etc..

vectorvictor

Heisenburg81 wrote: »

Employer not the problem, staff are.
Afraid that if I hand in notice will be a free for all for the month I have to work.
Already not sleeping well and find myself feeling hopeless.

You will have more sleepless nights and feeling "hopeless" with no income and no entitlement to welfare for over two months.

Don't bite off your nose to spite your face. Do things right , line up interviews and hand in and serve your notice when you get your first offer.

Until then it's better for these people to be paying you to job hunt rather than thinking you are "showing them" by sitting at home with a tin of beans

You mention the problem is the staff. While I fully accept some workplaces can be toxic, have you indentified what the actual problem with them is? Sometimes it's worth considering if the problem is everyone else or yourself. This will avoid you moving job and ending up in the same situation

scamalert

vectorvictor wrote: »

You will have more sleepless nights and feeling "hopeless" with no income and no entitlement to welfare for over two months.

Don't bite off your nose to spite your face. Do things right , line up interviews and hand in and serve your notice when you get your first offer.

its actually not that hard to get JSA with enough reason, mental health or even toxic environment would suffice as not to raise more questions, thou i agree on exit part you do need solid savings or something lined up, as once you drop on WF its a lot harder to get back into work field, as opposed to transitioning from one place to another, even if its entirely different field.

OMM 0000

You need to talk to your boss about this.

1. I quit.

2. The reason I quit is the other staff. I like the job. But I can't take the other staff anymore. They are making me ill. I cannot face them any longer.

Your boss then has two choices:

A. Let you go. Or let you work from home. This is the reasonable option and it is what I would do.

B. Force you to come in. This basically means your boss is a ****.

So if (B) happens, you can be ok with yourself, because you know you've handled things as maturely as you can. So now you go to the doctor, explain the situation, and get a sick note for the remaining month.

May I also add the following:

It's just a job. You are not in danger. The other staff are not people trying to kill you. Try to adjust your perception on things. You are OK and are going to be OK.

OMM 0000

PS:

I looked at your post history, and it looks like you might be an accountant?

I believe you should be able to finish out the month working from home, and perhaps meeting your boss offsite for handoffs etc.?

mr_edge_to_you

I was in job before which I hated. It was having a massive impact on my personal life. Having spoken to my girlfriend (now-wife) we both agreed the situation wasn’t sustainable and the best thing to do was to walk.

I’d gone through all the issues and documented them in a letter. I went into my bosses office on a Monday morning and said “I’m giving you a months notice....I just can’t stick it here”. Told her I had a letter outlining the various issues but I couldn’t be bothered going through it so didn’t submit it, didn’t have the energy to be dealing the same sh!t all over again.

I had no job lined up but thankfully my partner was very supportive. I worked my full notice period thereby there was nothing my employer could throw at me. I did everything by the book.

I spent the next 4 weeks looking for work and thankfully a permenant position came up. Literally finished my notice period on the Friday evening and started my new job on Monday morning. It’s very easy to look for a new job when you don’t have to hide your plans from your current employer. There’s always a bit of contract work knocking around to tide you over for a few months if needs be.

Life is too short to be stressing about work to that extent.

dingdong1234567

Pkiernan wrote: »

He's choosing to not be a scrounger. He should be applauded, not encouraged to sponge.

See that's where your wrong, scrounging is going on the dole to scrounge and not work. My point is to avail of the state whilst another job is secured. Why service the system and not allow the system to serve you when you need it in this case the op? You missed my point completely I feel.

Anyway not getting into a tit for tat on this just clarifying my point.

Misguided1

Here is an employers perspective.

Came across a very similar situation where someone, ready to walk out the door, came to speak with me. The situation was clearly taking its toll on the person. Company agreed to put the person on gardening leave for a few months to allow time to find alternative employment and not be financially disadvantaged in the meantime. Employers aren't all bad. Good luck with whatever you decide.

It's clearly having an impact on your mental health so go to the doctor and get signed off sick. Keep a copy of the note to show to Social Welfare and explain the situation and I would guess the 9 weeks will be waved. It only applies if you leave without just cause. I would say bullying is just cause.