Resigned, told to leave immediately
Discussion
Hi,
My daughter went to see the owner of the company that she works for to explain that she wished to give notice and leave her position with the company.
The owner basically exploded, was very aggressive towards her and shouted & screamed at her in the main office in front of the other employees.
She was told to leave her company phone, credit card and office keys, was told not to speak to any of the employees and was basically thrown out of the office there and then.
She was told not to come back to the office under any circumstances and that she would get a letter from their solicitors.
She was also told that she would never work in the same industry again because of an anti-compete clause in her contract.
My daughter wanted to discuss her wish to leave and work her notice and had not even written her resignation letter. Instead she was basically thrown out of the office.
Any advice would be great as I'm no employment expert.
My daughter went to see the owner of the company that she works for to explain that she wished to give notice and leave her position with the company.
The owner basically exploded, was very aggressive towards her and shouted & screamed at her in the main office in front of the other employees.
She was told to leave her company phone, credit card and office keys, was told not to speak to any of the employees and was basically thrown out of the office there and then.
She was told not to come back to the office under any circumstances and that she would get a letter from their solicitors.
She was also told that she would never work in the same industry again because of an anti-compete clause in her contract.
My daughter wanted to discuss her wish to leave and work her notice and had not even written her resignation letter. Instead she was basically thrown out of the office.
Any advice would be great as I'm no employment expert.
Has she got another job to go to? I am assuming that is the reason she resigned
If so then she would only be doing what is in her contract in terms of making them aware and starting her notice period. The company does, however, have the option if it wishes to pay her in lieu of her notice and she could leave immediately. In this circumstance though they could insist that she doesnt start work for the new company until her notice period is complete in essence putting her on gardening leave.
I never understand why employers react like that. They expose themselves to issues and ruin the talent attraction ability of their company. An ex-employee who leaves somewhere under such circumstances tells a lot of people.
If so then she would only be doing what is in her contract in terms of making them aware and starting her notice period. The company does, however, have the option if it wishes to pay her in lieu of her notice and she could leave immediately. In this circumstance though they could insist that she doesnt start work for the new company until her notice period is complete in essence putting her on gardening leave.
I never understand why employers react like that. They expose themselves to issues and ruin the talent attraction ability of their company. An ex-employee who leaves somewhere under such circumstances tells a lot of people.
ferdyg said:
Hi,
My daughter went to see the owner of the company that she works for to explain that she wished to give notice and leave her position with the company.
The owner basically exploded, was very aggressive towards her and shouted & screamed at her in the main office in front of the other employees.
She was told to leave her company phone, credit card and office keys, was told not to speak to any of the employees and was basically thrown out of the office there and then.
She was told not to come back to the office under any circumstances and that she would get a letter from their solicitors.
She was also told that she would never work in the same industry again because of an anti-compete clause in her contract.
My daughter wanted to discuss her wish to leave and work her notice and had not even written her resignation letter. Instead she was basically thrown out of the office.
Any advice would be great as I'm no employment expert.
She should formally submit her letter of resignation and confirm that she is prepared to work out her notice period. When this elapses she is free to start work with her new employer UNLESS there was a non-compete clause in her contract.My daughter went to see the owner of the company that she works for to explain that she wished to give notice and leave her position with the company.
The owner basically exploded, was very aggressive towards her and shouted & screamed at her in the main office in front of the other employees.
She was told to leave her company phone, credit card and office keys, was told not to speak to any of the employees and was basically thrown out of the office there and then.
She was told not to come back to the office under any circumstances and that she would get a letter from their solicitors.
She was also told that she would never work in the same industry again because of an anti-compete clause in her contract.
My daughter wanted to discuss her wish to leave and work her notice and had not even written her resignation letter. Instead she was basically thrown out of the office.
Any advice would be great as I'm no employment expert.
AIUI if there is a non-compete clause she should be paid for the duratiion of the clause rather than just her notice period but it depends on what her contract says.
Totally unprofessional and unacceptable behaviour, at least she knows she made the right decision by quitting.
In many cases it is standard to ask the employee to leave after they have handed in their resignation, i.e. gardening leave.
She should be paid for her notice period which I imagine will be one month.
I would chalk it up to experience and move on, the alternative would be to speak to an employment lawyer - only worth it if they don't pay her her notice period. A threat of such action and a letter to either the owner or ideally the HR manager (if they have one) could well be enough to get it through. Much cheaper to cough up a months pay than to get caught up in litigation.
What a t
t!
In many cases it is standard to ask the employee to leave after they have handed in their resignation, i.e. gardening leave.
She should be paid for her notice period which I imagine will be one month.
I would chalk it up to experience and move on, the alternative would be to speak to an employment lawyer - only worth it if they don't pay her her notice period. A threat of such action and a letter to either the owner or ideally the HR manager (if they have one) could well be enough to get it through. Much cheaper to cough up a months pay than to get caught up in litigation.
What a t
t! yes, dreadful behaviour, the owner is female and she simply lost it with my daughter.
My daughter has worked exceptionally hard for the company since she started there as an intern over 2 years ago
She has been very successful and is well liked and respected for the work she does.
So, from the advice on here she should tender her resignation in writing, I presume in a letter and not by email, setting out that she is/was happy to work her notice period (1 month)
In respect to the non-compete clause my daughter would not be taking any clients with her,
Thanks for the advice everyone, I really appreciate it.
My daughter has worked exceptionally hard for the company since she started there as an intern over 2 years ago
She has been very successful and is well liked and respected for the work she does.
So, from the advice on here she should tender her resignation in writing, I presume in a letter and not by email, setting out that she is/was happy to work her notice period (1 month)
In respect to the non-compete clause my daughter would not be taking any clients with her,
Thanks for the advice everyone, I really appreciate it.
No, she would not be approaching or taking any of her present clients with her, she will be heading up a new venture working with new graduates and hopefully placing them into employment.
If in the future (12 months or more) any of her old clients approach her then that might be a different matter.
If in the future (12 months or more) any of her old clients approach her then that might be a different matter.
yes, she has a contract of employment.
Thats why she is a little bit concerned. It has this anti compete clause in it and her present employer screaming at her that she will never be able to work in the same industry again and to expect a letter from their solicitors.
She did not even have time to collect her personal things from her desk.
Thats why she is a little bit concerned. It has this anti compete clause in it and her present employer screaming at her that she will never be able to work in the same industry again and to expect a letter from their solicitors.
She did not even have time to collect her personal things from her desk.
ferdyg said:
No, she would not be approaching or taking any of her present clients with her, she will be heading up a new venture working with new graduates and hopefully placing them into employment.
If in the future (12 months or more) any of her old clients approach her then that might be a different matter.
It sounds like she's a Recruitment Consultant.If in the future (12 months or more) any of her old clients approach her then that might be a different matter.
If that's the case I can see why her current employer may have lost her rag (not saying it's justified btw). I get called quite often by RAs who have left their previous employer and were letting me know they had moved and what service they could offer.
It seems like a "dog eat dog" industry.
Not strictly a recruitment consultant.
She works as an agent in the entertainment industry.
As I have said, she will not be taking any of her clients with her at all.
She will be going to a new agency (that has not started yet, starts in July / August) that will specialise in placing new college graduates into the musical theatre and dance industry
She works as an agent in the entertainment industry.
As I have said, she will not be taking any of her clients with her at all.
She will be going to a new agency (that has not started yet, starts in July / August) that will specialise in placing new college graduates into the musical theatre and dance industry
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff