Walking out before end of notice period...

[NikB]

I'm currently talking to a new employer,and I expect to come to an agreement tomorrow, which is great as it will mean a much reduced commute, less stress and more money.

However I don't think they will want to wait for the 3 month notice period that is stated in my current contract. I'm not sure if I'll be able to stick it for that long either before going mad!

I have read a few posts on the web about them being able to sue me for lost business if I walk before the notice period is up, is this true? Realistically will they persue this bearing in mind it will eat time and money, that they don't have?

I think I will offer 1 month and see what the reaction is, but to be honest I'm not expecting a positive response to this. So when the shouting starts (which it probably will because they are not nice people) I would feel justified in walking out there and then.

[KrazyIvan]

Would it not be better to speak to your prospective employer about the notice period, before casuing trouble at your current job?

How do you know that it would be an issue?

[MoonMonkey]

When I handed my notice in at a previous employer I was also on 3 mths notice. However, after discussions with HR etc it was mutually agreed that a formal handover would only take 4 - 5 weeks with no detriment to the business and it also co-incided with year end so I got out earlier. Thank fook

Don't forget it's 'maybe' not in the best interests of your current employer to enforce the 3 mths notice period. Confidentiality issues, demotivated staff etc.

[Vee]

They're unlikely to do anything if you just walk out or if you force their hand.
However there is little point in burning bridges.
Most employers will come to a compromise regarding handover to let you finish earlier than the contractual 3 months.

If your new company can't wait and expect you to break your contractual obligations I'd question what kind of employer they are.

ps - bold bits are a hint !

[anonymous-user]

Vee is right the leagal bit would not be enforced, but why should your new employer ever trust you?
Do a deal, my last employer (a very major engineering group) was winding down the place I worked, several people left in a short period, one walked out and was threatend with legal action, so next guy hit the MD and was escorted out, I did a deal to finish the project I was on and left after 2 weeks, everyone happy and they have twice offered me a job back in the group.

[M-J-B]

Vee said:

They're unlikely to do anything if you just walk out or if you force their hand.
However there is little point in burning bridges.
Most employers will come to a compromise regarding handover to let you finish earlier than the contractual 3 months.

If your new company can't wait and expect you to break your contractual obligations I'd question what kind of employer they are.

ps - bold bits are a hint !

Wise words.

You will certainly not do yourself any favours re a reference. You will also forfeit any money due during notice, don't expect to fk off and be paid anything more than what you are due to the date of leaving less a calculation of any money due, for example, the number of days taken as holidays against entitlement calculated on a pro-rata basis.

As an employer myself, I respect other employers terms, and if you are good enough to employ, you're good enough to wait for.

[ymwoods]

M-J-B said:

Asif you are good enough to employ, you're good enough to wait for.

This. Most employers are not too bad in waiting to be honest but it all depends on how badly they want you.

That being said though most employers don't make you wait 3 months to leave it is ussually a worst case scenario. Mine for example have just let someone go after a week into a months notice.

[Engineer1]

Speak to your current boss, they may be able to let you finish early but it would depend on who you where moving to and the work load at your current employer.

[NikB]

Thanks for the info all.

I must point out that it's not the potential new employer that is forcing the early departure, it's me, basically I've had enough and want out.

One of the directors is blaming me for not being out on site (In Europe, so not an insignificant trip) with a moments notice, when he knows he should have given me more warning - he is passing the buck. This is the worst in a long stream of nonsense from this particular indiviual, and to be honest I've just had enough.

I've slogged my guts out for this company, god alone only knows what else I have been carrying the can for before this that I am unaware of, he has lost my trust now.

I guess the best thing is to explain this and try to come to an agreement....

Edited by NikB on Friday 3rd September 08:14

[NikB]

Well, we met in the middle and I am 'working' 1.5 months notice.

I was open with him in front of another director, I don't think the other directors had a clue what was going on. Cue two very stunned faces and silence.

[Gargamel]

Good result then.

Best of luck with the new role.