Walking out (not working notice period)

Walking out (not working notice period)

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Dr Doofenshmirtz

Original Poster:

15,220 posts

200 months

Monday 15th August 2016
quotequote all

I have been working for a company for 18 months.
I have gone out and found a new job that I am keen to start ASAP.

Do I HAVE to work my 4 week notice period?
I have a couple of week's holiday owing, but I am willing to loose this if I can get away with walking early.

It's a small company, and I suppose they could sue me or something for leaving early??


anonymous-user

54 months

Monday 15th August 2016
quotequote all
Firstly, check your employment contract.

Sorry to be blunt, but staff who walk out and don't work their notice period are s.

Why bother with a notice period if staff are going to just walk out and yet as an employer If I want to get rid of a member of staff I have to give them X amount of paid notice or send them packing and pay them the notice period.

As an employer I find the playing field too heavily tilted towards the employee.



megaphone

10,722 posts

251 months

Monday 15th August 2016
quotequote all
If someone walked out on me I'd not be quick in paying them their final money.

irocfan

40,416 posts

190 months

Monday 15th August 2016
quotequote all
Have they mistreated you? Are they a bunch of knob-jockies to work with? If the answer to either of these is yes - then just possibly, maybe you could feel justified in walking out. If not then, to be quite frank, it shows you in a very bad light.

Hand in your notice, be pleasant and negotiate a mixture of taking your entitled leave and working your notice - win/win (and remember word gets around if you're deemed unreliable etc)

anonymous-user

54 months

Monday 15th August 2016
quotequote all
Negotiate. On one hand they may need you to work your notice, on the other they may want you out the door ASAP. By the sound of it you have some accrued holiday (make sure it really is accrued rather than you assuming you get full holiday having only worked part of the year). You might be able to use this as currency to bargain with.

williamp

19,255 posts

273 months

Monday 15th August 2016
quotequote all
you might need them to be a reference sometime in the future....

also, they CAN go after you for breach of contract, to try and recover lost profit money from you (in civil courts. The other way round its employment tribunal)

bitchstewie

51,176 posts

210 months

Monday 15th August 2016
quotequote all
Ask them.

Depending what you do and where you're going it could be as simple as "We'd like you to leave now".

edc

9,235 posts

251 months

Monday 15th August 2016
quotequote all
What if they wanted to get somebody else in, found them, didn't tell you anything but just gave you a quick call to say don't bother coming in there's no more pay and that they have somebody else to do your job.

anonymous-user

54 months

Monday 15th August 2016
quotequote all
I left my job in a housing association and only worked about 13 days of my month long notice period. I was owed about 2.5 weeks holiday at that point.

On the day I resigned I was called into a meeting with my superiors and they told me they needed me to work my full notice period and even an extra week or so if I could manage it as it was the horrendous 'Resdents Meetings' time of the year coming up, and they needed me.

I explained that I was leaving as quickly as possible to specifically avoid the residents meetings.

I was then told that they could make me work my full notice and not authorise my holiday request. I then said it was up to them, and I could either give them two weeks or just leave then and there if they were going to start throwing around phrases like 'make me'.

They then quickly agreed that it was fine for me to just work 13 more days and use up my holiday for the rest of my notice period.

I would normally never be like that with any employer, but they had absolutely had more than their pound of flesh from me over the 6 years and I wanted out of it so badly that I just didn't care if they didn't pay me or whatever.

Don't know why I waffled that story out... But it was just my experience smile

98elise

26,531 posts

161 months

Tuesday 16th August 2016
quotequote all
bhstewie said:
Ask them.

Depending what you do and where you're going it could be as simple as "We'd like you to leave now".
Agreed. A mate of mine worked in a big bank. He had a meeting with his boss to formally resign (3 months notice) and was asked to leave the building then and there. He was not even allowed to return to his desk to pick up his personal stuff. They asked that he be available by phone, but that was it for 3 months.





alock

4,227 posts

211 months

Tuesday 16th August 2016
quotequote all
Dr Doofenshmirtz said:
... if I can get away with walking early.
Great first impression to give your new employer. Also the type of company that would want you to do this to your old employer is not the sort of company I would want to work for.

edc

9,235 posts

251 months

Tuesday 16th August 2016
quotequote all
98elise said:
bhstewie said:
Ask them.

Depending what you do and where you're going it could be as simple as "We'd like you to leave now".
Agreed. A mate of mine worked in a big bank. He had a meeting with his boss to formally resign (3 months notice) and was asked to leave the building then and there. He was not even allowed to return to his desk to pick up his personal stuff. They asked that he be available by phone, but that was it for 3 months.
Most likely your mate will have agreed to this clause when he read and signed his contract wink

andy-xr

13,204 posts

204 months

Tuesday 16th August 2016
quotequote all
alock said:
Dr Doofenshmirtz said:
... if I can get away with walking early.
Great first impression to give your new employer. Also the type of company that would want you to do this to your old employer is not the sort of company I would want to work for.
I dont think that's necessarily true, based on
1. An employer posting a job ad wants to fill that position mostly as soon as possible. They might just be asking for a start date from the OP and he needs to figure one out
2. You're most in love with each other in the first week. The employer wants to show and needs to know that they've made a really good hiring decision, and the employee is keen to get stuck in, get trained up and get on with doing what they've been hired to do

I think walking out is probably a last resort, but there's not really much stopping you from negotiating down on your notice period. I've done it before where I wanted to leave there and then. The boss was disappointed, but I said that I wasnt happy doing what I was doing, felt like I'd been over promoted, he offered me my old job back and I thought it'd send a bad impression out to the rest of the team and my pride and everyone's expectations would stop me doing it as well as I could, so we agreed it'd be best if we parted there and then, holidays paid out, expenses signed off and hands shook on the way out the door.

kiethton

13,894 posts

180 months

Tuesday 16th August 2016
quotequote all
edc said:
98elise said:
bhstewie said:
Ask them.

Depending what you do and where you're going it could be as simple as "We'd like you to leave now".
Agreed. A mate of mine worked in a big bank. He had a meeting with his boss to formally resign (3 months notice) and was asked to leave the building then and there. He was not even allowed to return to his desk to pick up his personal stuff. They asked that he be available by phone, but that was it for 3 months.
Most likely your mate will have agreed to this clause when he read and signed his contract wink
Exactly how it is at my place - standard for all mid-high level employees in the City, especially if they are staying in the industry

ClaphamGT3

11,297 posts

243 months

Tuesday 16th August 2016
quotequote all
Irrespective of your terms and conditions, accrued annual leave etc, etc, this would be a very short-sighted course of action. You would be trumpeting a lack of professional judgement and maturity both to your current and future employers, as well as all your co-workers in both organisations.

andy-xr

13,204 posts

204 months

Tuesday 16th August 2016
quotequote all
ClaphamGT3 said:
Irrespective of your terms and conditions, accrued annual leave etc, etc, this would be a very short-sighted course of action. You would be trumpeting a lack of professional judgement and maturity both to your current and future employers, as well as all your co-workers in both organisations.
Also, I dont agree with this. Employment is a two way street, and many employers have the option to help you leave there and then if it suits them. Usually an employee only finds this out when they're called into a meeting, though the decision has been taken by the employer some time in the past. Once someone's mind is made up about it, it's usually explained away by the employer of 'the decision is made, it's time, thanks a lot'

The only difference between an employer doing it and an employee doing it is that an employer would probably offer PILON, but there's always the option for the employee to negotiate out of their expected payments

Johnnytheboy

24,498 posts

186 months

Tuesday 16th August 2016
quotequote all
My OH had a temp job that rolled on and on; clearly they were going to keep her on, but weren't interested in making her permanent.

So when she left, she gave them 5 minutes notice. They kicked off, so she explained that she could only do that because they'd never given her a permanent position. laugh

Rich_W

12,548 posts

212 months

Thursday 1st September 2016
quotequote all
Having recently worked my notice. I checked my contract it said 4 weeks.

My manager wanted 4 weeks plus 2 days (to the end of the month)
HR wanted 1 calendar month (which was not what my contract said!)

I wanted to go on pay day which was 3 weeks 3 days after I handed in my notice.

I had holiday allowance to use up, but was told that I wouldn't be allowed to take it as they were short staffed.

In the end I did what the manager wanted. New employer were understanding. I did as requested as I wished to leave on good terms. Never know what the future holds and all that. Judging from the fact they ignored me for the last 2 weeks and didn't actually say goodbye to on my last day. It seems good terms count for nothing. frown

Edit to Add.
On my last day I was the last person out of my department as well laugh Not by much, 15mins. But still laugh

Edited by Rich_W on Thursday 1st September 22:09

irocfan

40,416 posts

190 months

Thursday 1st September 2016
quotequote all
what happened with the OP?

johnwilliams77

8,308 posts

103 months

Thursday 1st September 2016
quotequote all
Rich_W said:
Having recently worked my notice. I checked my contract it said 4 weeks.

My manager wanted 4 weeks plus 2 days (to the end of the month)
HR wanted 1 calendar month (which was not what my contract said!)

I wanted to go on pay day which was 3 weeks 3 days after I handed in my notice.

I had holiday allowance to use up, but was told that I wouldn't be allowed to take it as they were short staffed.

In the end I did what the manager wanted. New employer were understanding. I did as requested as I wished to leave on good terms. Never know what the future holds and all that. Judging from the fact they ignored me for the last 2 weeks and didn't actually say goodbye to on my last day. It seems good terms count for nothing. frown

Edited by Rich_W on Thursday 1st September 17:01
True
They made a right fool of you. hehe