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Handing in Notice after just starting a new job

  • 14-01-2019 09:19AM
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,012 ✭✭✭✭


    Hi All,

    Started a new job recently and was very lucky to have an offer as previous employment was untenable (bullying etc).

    In a panic and to get out of there, I took the first job that was on offer. After starting the job, I recieved another job offer from an interview that eventually filtered through. This job is in an area that I am interested in and would prefer.

    Now that background checks are cleared, I need to hand in my notice. This took longer than expected and the contract states 1 months notice must be given by either party during the probabationary period.

    I do not have this time. Can a company force you to work out a notice period during probation? Also I feel terrible as the people in this company are very sound and it is a great place to work for, but I would prefer a role related to my experience.

    Thanks for listening


Comments

  • #2
    skallywag
    Registered Users, Registered Users 2 Posts: 3,035 ✭✭✭skallywag


    In general it is not feasible for an employer to enforce a notice period, even when the employee is full time after probation. If the employee wants to leave beforehand then there is usually practically nothing that can be done be prevent it.

    Your industry reputation runs the risk of suffering of course, and you won't be getting a good reference.

    OP, I would advise you to be upfront with your employer about what has happened and ask them can you leave immediately.


  • #3
    realdanbreen
    Registered Users, Registered Users 2 Posts: 8,587 ✭✭✭realdanbreen


    Lost85 wrote: »
    Hi All,

    Started a new job recently and was very lucky to have an offer as previous employment was untenable (bullying etc).

    In a panic and to get out of there, I took the first job that was on offer. After starting the job, I recieved another job offer from an interview that eventually filtered through. This job is in an area that I am interested in and would prefer.

    Now that background checks are cleared, I need to hand in my notice. This took longer than expected and the contract states 1 months notice must be given by either party during the probabationary period.

    I do not have this time. Can a company force you to work out a notice period during probation? Also I feel terrible as the people in this company are very sound and it is a great place to work for, but I would prefer a role related to my experience.

    Thanks for listening

    If this new company were for some reason to fold or close its doors this evening do you think they would hesitate for one moment because they had just taken you on?


  • #4
    pauliebdub
    Registered Users, Registered Users 2 Posts: 1,072 ✭✭✭pauliebdub


    This happens all the time, person goes for a few interviews and is offered the job that they really want after they have accepted another offer and started that new job. I wouldn't worry about it. Explain your position to your new boss and offer to leave at the end of the week. There is no sense in them wanting to keep you for a month.


  • #5
    Eoin
    Registered Users, Registered Users 2 Posts: 21,264 ✭✭✭✭Eoin


    The odds are that the current employer will want to get rid ASAP anyway; you're most likely not there long enough for a long handover to be required.

    Not sure I'd be too enthused if another employer didn't respect that people have a notice period to serve though.


  • #6
    Xterminator
    Registered Users, Registered Users 2 Posts: 4,819 ✭✭✭Xterminator


    Hi Op

    you should meet with your current employer and try to come to an amicable agreement, rather than shafting them by walking out. explain the situation, be honest and tell them you dont want to shaft them, but you do want to leave on good terms. see what they are open to.

    and the place your moving to should be understanding too, as an employee who will shaft his current employer is likely to shaft them too when the time comes. you may need them to show a little flexibility around the start date but if they took a month longer then expected, they could hardly expect you to be unemployed while waiting to hear from them. so dont be afraid t ask for an extra week etc before you start.


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  • #7
    BrokenArrows
    Registered Users, Registered Users 2 Posts: 7,531 ✭✭✭BrokenArrows


    Just tell your manager that you dont feel the role isnt right for you and are handing in your resignation. Explain to him that you would like to finish immediately (or a shorter period within reason).

    Most employers will just tell you to leave asap because they dont want to waste their time continuing to train you up on the job or have you half ass the work.


  • #8
    OMM 0000
    Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    Lost85 wrote: »
    Can a company force you to work out a notice period during probation?

    They can't "force" you, but you'd be in breach of contract. https://www.lawsociety.ie/Public/Legal-guides/Employment-law/Ending-an-employment/

    In probably 99%+ of cases they just let you go and you can never use them as a reference. Ireland is small, so there is some risk.


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