Told my employer I was leaving, didn't end well!

Told my employer I was leaving, didn't end well!

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Discussion

Foliage

3,861 posts

123 months

Thursday 2nd April 2015
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Ive no idea on the legal standing on this but I entirely understand why the op would send the email he did, having some loyalty to the company but wanting a change of direction, by giving them adequate notice in order to find a replacement and train them up.

TooMany2cvs

29,008 posts

127 months

Thursday 2nd April 2015
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mikeyr said:
Does it make a difference?
In the way the resignation's handled? Yes, it may very well do.

Don't you have colleagues/staff who you'd try hard to persuade to stay, and others who you'd be quite happy to wave goodbye to asap?

Rude-boy

22,227 posts

234 months

Thursday 2nd April 2015
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Foliage said:
...I entirely understand why the op would send the email he did, having some loyalty to the company but wanting a change of direction, by giving them adequate notice in order to find a replacement and train them up.
So do I.

It would appear though that there are a number of employers who view their staff as a necessary evil and not to be trusted.

Most telling of all was the poster who asked how many of the employers who were crying foul had started their own businesses off the backs of their ex employers... I suspect that they were a bit too close to home for some!

KFC

3,687 posts

131 months

Thursday 2nd April 2015
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Rude-boy said:
It would appear though that there are a number of employers who view their staff as a necessary evil and not to be trusted.
I'm sure most employers could post stories of being completely screwed over by staff that were treated well - unfortunately I have some crackers that cost me more than £10k frown

At the end of the day both sides should be expected to look out for number 1.

It should have been obvious to the OP what was going to happen when he sent that email. There is no way any sane employee would want him in the building 5 minutes more than necessary. It wouldn't have been great from the employers point of view but I would absolutely understand why someone did it if I was on the receiving end of someone handing in their 30 day notice, a couple of months after they knew they were quitting. I'd have put them out that day if they'd given me it 60 days earlier.

andy_s

19,410 posts

260 months

Thursday 2nd April 2015
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I know the employer wouldn't want to keep him, but under what mechanism did they get rid of him...?

Jasandjules

69,960 posts

230 months

Thursday 2nd April 2015
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Muzzer79 said:
This doesn't read to me like a formal resignation
It says I shall be leaving. I'd like to leave however on this date... They accept his resignation and do not accept his attempt to impose a three month notice period.


Rude-boy

22,227 posts

234 months

Thursday 2nd April 2015
quotequote all
KFC said:
I'm sure most employers could post stories of being completely screwed over by staff that were treated well - unfortunately I have some crackers that cost me more than £10k frown
To be fair this is the real problem. Employees who take the piss and employers getting their fingers burnt resulting in a them and us situation and future distrust. I do know that world. I just chose to look at where the clues were missed and what can be done to stop it happening again. One way of doing this is to look at each member of staff as an individual and what they do and how they act.

Someone who gives me 3 months notice when they need only give 1 and is being open about what they will be doing would be removed from critical information a much as possible and used to recruit and train up their replacement. They might find (unexpectedly) that with a month or three weeks left to go they are told to go home and stay there on gardening leave.

Someone who give me minimum notice would be straight on to gardening leave if there was any question of they being able to do anything prejudicial in that time.

9mm

3,128 posts

211 months

Thursday 2nd April 2015
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andy_s said:
I know the employer wouldn't want to keep him, but under what mechanism did they get rid of him...?
They didn't. He terminated his employment by resignation. That's their take on it anyway. Their reply says as much.

andy_s

19,410 posts

260 months

Thursday 2nd April 2015
quotequote all
9mm said:
They didn't. He terminated his employment by resignation. That's their take on it anyway. Their reply says as much.
He gave them notice he may terminate in three months, as far as I can see. They then sacked him basically.
I'm not saying its bad practise or anything, but think its a bit cheeky if them to be honest, especially when the OP was trying to make life easier for them.
Just a bit unnecessary and technically doubtful...

Jasandjules

69,960 posts

230 months

Thursday 2nd April 2015
quotequote all
andy_s said:
He gave them notice he may terminate in three months, as far as I can see. They then sacked him basically.
I'm not saying its bad practise or anything, but think its a bit cheeky if them to be honest, especially when the OP was trying to make life easier for them.
Just a bit unnecessary and technically doubtful...
He said "I am writing to give notice that I shall be leaving XXXXX"

How else is that to be interpreted? ETs are generally quite rational at looking at common sense matters, which this is realistically.

Vaud

50,650 posts

156 months

Thursday 2nd April 2015
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Where is Mr Breadvan when you need him... been quite on here recently...

Red Devil

13,069 posts

209 months

Thursday 2nd April 2015
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9mm said:
andy_s said:
I know the employer wouldn't want to keep him, but under what mechanism did they get rid of him...?
They didn't. He terminated his employment by resignation. That's their take on it anyway. Their reply says as much.
Indeed it is and it does. However:

CraigJ said:
On asking for the reason for my dismissal I got this reply.

"Good Morning Craig

To confirm we have acknowledged and accepted your resignation not dismissed you.

It was agreed that you would not be required to work your notice. However you will still be paid in full up to and including the 30th April which is your contractual one months’ notice."
Agreed by whom: the OP or unilaterally by the employer's management/HR department? It seems to me that they may be playing a devious game here by implying that the OP has fully accepted their position on the matter when no such agreement exists.

HarryW

15,157 posts

270 months

Thursday 2nd April 2015
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Vaud said:
Where is Mr Breadvan when you need him... been quite on here recently...
I hope he's not gone border hoping in Turkey.....

Vaud

50,650 posts

156 months

Thursday 2nd April 2015
quotequote all
HarryW said:
Vaud said:
Where is Mr Breadvan when you need him... been quite on here recently...
I hope he's not gone border hoping in Turkey.....
"Border hoping" is much like my "been quite" wink

Perhaps the madness of SP&L has seen him run down the curtain and joined the choir invisible...

HarryW

15,157 posts

270 months

Thursday 2nd April 2015
quotequote all
Vaud said:
"Border hoping" is much like my "been quite" wink

Perhaps the madness of SP&L has seen him run down the curtain and joined the choir invisible...
Now you mention it hehe

andy_s

19,410 posts

260 months

Thursday 2nd April 2015
quotequote all
Jasandjules said:
He said "I am writing to give notice that I shall be leaving XXXXX"

How else is that to be interpreted? ETs are generally quite rational at looking at common sense matters, which this is realistically.
So if I say I'm leaving in two years they can sack me in 4 weeks?
I know what your saying but they've agreed to something that wasn't proposed.

Jonsv8

7,240 posts

125 months

Friday 3rd April 2015
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andy_s said:
So if I say I'm leaving in two years they can sack me in 4 weeks?
I know what your saying but they've agreed to something that wasn't proposed.
If you said 'I resign, and I'm offering to work 2 years notice' then they can say no thanks

If you said 'In two years time I plan to leave and I'm telling you to give advanced notice of my intentions' then it's different. The only real time I've come across this is when someone is planning retirement, going travelling or back into education. An employer will almost invariably be fine. Even a career change might get the same reaction like becoming a teacher. But to say in two years I'm going yo work for myself or a competitor..

Let's say you're a football fan. As soon as a player says he's not going to renew his contract and is off at the end of the season or even end of next season, what happens? The only time it's ok is if they're coming to the end of their career. Or they're ste.


allergictocheese

1,290 posts

114 months

Friday 3rd April 2015
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Is the OP going to post the notice provisions of his contract?

allergictocheese

1,290 posts

114 months

Friday 3rd April 2015
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To give some balance, here's an old contract of mine;

Employment Contract said:
Notice to terminate Employment

Notice by the Employee: If you wish to leave your employment within the first 3 months you must give the Company not less than one weeks notice and after 3 months service you must give the Company not less than 1 calendar months notice in writing...

...The Company may terminate your employment within your first 6 months service by giving you one weeks’ notice and thereafter by giving you one month’s notice.
If, like the OP, I had given them 3 months notice, my employer under the contract above would not have right to enforce a shorter notice period of its own.

Monkeylegend

26,484 posts

232 months

Friday 3rd April 2015
quotequote all
Rude-boy said:


Ultimately though we just don't know. I just find it sad that so many look only for the bad, especially when the OP WAS doing them a favour, regardless of how some of the hardarses might look at it.
Two sides to every story.

OP.

M'mm I think I will do my employer a favour by extending my notice period and working an extra 2 months. They will be sorry to see me go, I am crucial to the running of the business.They might try and talk me out of it and offer me a better position. I will also enjoy being in the spotlight for a few weeks.



Employer.

M'mm, this guy hasn't been pulling his weight, too distracted with setting up his own business which is a clear conflict of interests. We don't actually need him to work longer than his notice period, we can easily cover his responsibilities, and lesson the disruption his self imposed extended notice period could cause. He's not one of our better employees, and we don't see him as future promotion potential and he's actually done us a favour by tending his resignation today.

None of the above is necessarily true.


Edited by Monkeylegend on Friday 3rd April 10:24