breaking my notice period at work

[Del Sydyway]

I've just received a tremendous offer from a major financial house in Scotland and would like to resign from my current job. It's not that my current job is bad but the company is in dire financial straits and I'm getting out before it sinks (rat, I know).

However I'm in a fairly senior position and am on a 3 month notice period. What could happen if I just walked out after a month or so?

Any advice, previous experience would be much appreciated.

[deltaf]

Have you got a written contract of employment with your current firm?
If not, then walk.

[whatever]

There a re a few approaches here. Firstly, you could try negotiating a sooner release, as sometimes long notices are not too good for the employer is someone wants to leave.

Secondly, it's not unheard of for people to be allowed to leave early beacuse they're going to a competitor, and the employer wants to reduce the chanes of knowledge being taken with them,

[NDT]

what would happen?
afaik they could try legal action (breach of contract) but why bother, it's a waste of time and money for them.
the only real comeback they have is to give you a crap reference, and frankly if you suddenly walked out they might be justified.

If they're in financial trouble, why not just be open with them?
If you're reasonably senior then they can save some cash through you leaving early.

[Beano500]

Could be close to that, meself - except for potential loss of redundancy benefits!

You could take the attitude of walk out and "c'mon whatcha gonna sue me for?".

Perhaps it would be more productive to talk it through, once you have the job "in the bag", in writing, et cetera....

Presumably, you would offer a reasonable time and not expect to be paid the balance of your notice?

I was previously on a three month period in a job where we got taken over and I disagreed with their approach to life, the universe and everything. I found another job and when I said I wanted to go I asked the boss whether I could go early? She asked what I would consider and when I said "three weeks" said that was fine. Completely understood, without saying it, that I was no use in a job I wasn't motivated to perform. (It was so easy I should have said "three days"!!!)

Ooops slipped into ramble mode somewhere I'll be off then!

[JonRB]

For senior positions its quite common to be escorted off the premises the moment you say you're resigning and to get paid for your notice period in lieu of working it, especially if you tell your employer that you're going to a competitor.

[dubaiguy]

I've just received a tremendous offer from a major financial house in Scotland and would like to resign from my current job. It's not that my current job is bad but the company is in dire financial straits and I'm getting out before it sinks (rat, I know).

However I'm in a fairly senior position and am on a 3 month notice period. What could happen if I just walked out after a month or so? Any advice, previous experience would be much appreciated.

I would think this through very carefully in order to take maximum advantage of the situation.
1/ Ensure you have an offer in writing from the new Company.
2/ Simply hand your notice in at your present employer without telling them anything - you do NOT have to give a reason for leaving.
3/ Inform new employer that you may not be able to join for three months.
You are now in a position that your present employer may tell you to leave immediately or fairly soon and they MUST pay you the 3 months salary as per contract. However, if they don't then you are in a position to let them know that you are joining a competitor at any time you wish - and again they may release you early with full pay for 3 months. The final option if the above doesn't work is to walk out and join the new company immediately. Either way - you win.

[icamm]

Although if you just walk out short of your 3 months notice your present company can sue you for 3 months salary.

Ask your new employers if they would cover this if required.

[joust]

Having been there and been sued by a former employer, resign and see what happens.

You are legally oblidged to work for the 3 months, but most companies will stick you on "gardening leave". If that happens, then you still take a (small) risk in working for the new company immediatly but unless you tell the old company they won't know.

Also, if you are a senior employee, the new employer should not be phased by a 3 month notice period, so my advice would be honest.

To finally "win" my court case costed me nearly £10k - if you just walk be prepared for a similar amount (costs are not recoverable unless you actually go to court and win - my ex employer just decided wasting 10k of my money was far "sport")....

J

[Del Sydyway]

dubaiguy said:

I would think this through very carefully in order to take maximum advantage of the situation.
1/ Ensure you have an offer in writing from the new Company.
2/ Simply hand your notice in at your present employer without telling them anything - you do NOT have to give a reason for leaving.
3/ Inform new employer that you may not be able to join for three months.
You are now in a position that your present employer may tell you to leave immediately or fairly soon and they MUST pay you the 3 months salary as per contract. However, if they don't then you are in a position to let them know that you are joining a competitor at any time you wish - and again they may release you early with full pay for 3 months. The final option if the above doesn't work is to walk out and join the new company immediately. Either way - you win.

re: 1. Yup, got an offer in writing. Once references have been taken and medical okay it goes to a 'firm' offer.

re: 2. fair enough. Though I would tell them why I was leaving. Can't see any advantage in keeping them in the dark.

re: 3. Done that. However I'm concerned that this may not prove acceptable to them and they might withdraw the offer if I can't take up the position in a month or so. They should be alright but I'm a born worrier

If they did sue what's the likely outcome, how much would I be sued for?

BTW - good advice guys, thanks, keep it coming!


>> Edited by Del Sydyway on Monday 3rd February 15:53

[RichB]

dubaiguy said:

I've just received a tremendous offer from a major financial house in Scotland and would like to resign from my current job. It's not that my current job is bad but the company is in dire financial straits and I'm getting out before it sinks (rat, I know).

However I'm in a fairly senior position and am on a 3 month notice period. What could happen if I just walked out after a month or so? Any advice, previous experience would be much appreciated.

I would think this through very carefully in order to take maximum advantage of the situation.
1/ Ensure you have an offer in writing from the new Company.
2/ Simply hand your notice in at your present employer without telling them anything - you do NOT have to give a reason for leaving.
3/ Inform new employer that you may not be able to join for three months.
You are now in a position that your present employer may tell you to leave immediately or fairly soon and they MUST pay you the 3 months salary as per contract. However, if they don't then you are in a position to let them know that you are joining a competitor at any time you wish - and again they may release you early with full pay for 3 months. The final option if the above doesn't work is to walk out and join the new company immediately. Either way - you win.

Being in sales I have been in this position myself and this is just about spot-on advice. Rich...

[deltaf]

To answer one point; its illegal for them to give an untrue or unfair reference to a prospective employer.
It has to be accurate, so they cant give you a "bad" reference.

[SFV]

Overall, Dubaiguy's advice seems spot on to me.

In my experience, it's unlikely that the employer will go to the bother of suing you if you walk out after a month rather than three months. Most companies are aware of how much litigation costs - a lot! And it depends on how difficult you will be to replace, and how much disruption it could potentially cause if you walked out early rather than in your contractual period. Will it take more than one month to find someone to replace you, and for you to train them up on everything? If so, you could be in trouble ie there could be a case building up against you.

It does also depend on the person in your company who is dealing with your employment contracts? Are they autonomous? If they are, they may well be inclined to go by the letter of the law and make an example of you to others! In a smaller company, where the personnel dep't (person) is less autonomous, the commercial sense of the directors normally takes precedence.

In your situation, in a senior position, I'm guessing you would know whether your employer is the sort who would go after someone for being in breach of their employment contract? If not, then it's worth the risk.

SFV

[kend]

If you are on good terms with your boss try and talk to them, remember if you breach your contract and they take you to court, they can claim damages, costs, etc. Worst case, if the company plays hard ball they could tie you up in litigation for years and take every penny you have including house,car.
If considering breaking your contract take legal advice! Try talking first it might be okay, all the above IMHO
Ken