Reducing 3 month notice period
Discussion
Part of the problem is that they're not a very reasonable company - the CEO is actually a bit of a monster, and she reports directly into him.
The workload and his general "unreasonableness" is causing her health issues. She needs to leave in no more than 2 weeks or she'll end up off-sick. She is a wreck because of this company. We've agreed she can leave first, get herself back together, and then go looking for another job later.
I feel if she goes in and says "I can't hack it, I need to leave in 2 weeks" they will become entrenched. I need to understand what they can and can't do relating to holding her to this contract really. I'd rather she didn't threaten them with the possibility for her going off sick.
Burning bridges isn't too much of a worry - she'll never go back there but she does need a reference and she doesn't need any legal threats from them. She is a member of their senior management. All the senior management are abused quite nastily.
The workload and his general "unreasonableness" is causing her health issues. She needs to leave in no more than 2 weeks or she'll end up off-sick. She is a wreck because of this company. We've agreed she can leave first, get herself back together, and then go looking for another job later.
I feel if she goes in and says "I can't hack it, I need to leave in 2 weeks" they will become entrenched. I need to understand what they can and can't do relating to holding her to this contract really. I'd rather she didn't threaten them with the possibility for her going off sick.
Burning bridges isn't too much of a worry - she'll never go back there but she does need a reference and she doesn't need any legal threats from them. She is a member of their senior management. All the senior management are abused quite nastily.
No, she's not off work at the moment.
My chief concern is that she tries to apply some pressure for her leaving early but they dig-in and refuse. She will very likely end up with a greater sense of depression that she currently has, and will undoubtedly just stop turning-up. Ideally this will be backed-up with the doc's recommendation that she has the time off but I don't want her to use this possibility as leverage during her negotiations. It would be better if they could just agree a shorter term.
I'm worried that they will try to sue her for breach of contract. We couldn't afford that but I don't want her to suffer a breakdown. I personally think she has a good case for unreasonable working conditions but she is so overloaded with trying to meet their unreasonable demands that she hasn't the time to think clearly enough to document this situation, or gather any evidence.
My chief concern is that she tries to apply some pressure for her leaving early but they dig-in and refuse. She will very likely end up with a greater sense of depression that she currently has, and will undoubtedly just stop turning-up. Ideally this will be backed-up with the doc's recommendation that she has the time off but I don't want her to use this possibility as leverage during her negotiations. It would be better if they could just agree a shorter term.
I'm worried that they will try to sue her for breach of contract. We couldn't afford that but I don't want her to suffer a breakdown. I personally think she has a good case for unreasonable working conditions but she is so overloaded with trying to meet their unreasonable demands that she hasn't the time to think clearly enough to document this situation, or gather any evidence.
The chances of them going after her for breach of contract are very, very slim. Most employers would have a grumble then set about finding a replacement. In 99% of cases she would just not get paid for the period she didn't work.
There may be exceptions of course, perhaps if she had any unusual clauses in her contract, or if she was to go off and work for a competitor who might benefit from her knowledge.
In this situation i'd be tempted to approach the employer directly, state that you want to leave and don't want to work your notice but say that you'll just work for another couple of weeks or a month if it will help them by passing over any knowledge that she had to another member of staff. This way there is a chance that she might leave on more amicable terms, which is always a good thing as it never normally pays to burn your bridges.
There may be exceptions of course, perhaps if she had any unusual clauses in her contract, or if she was to go off and work for a competitor who might benefit from her knowledge.
In this situation i'd be tempted to approach the employer directly, state that you want to leave and don't want to work your notice but say that you'll just work for another couple of weeks or a month if it will help them by passing over any knowledge that she had to another member of staff. This way there is a chance that she might leave on more amicable terms, which is always a good thing as it never normally pays to burn your bridges.
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