easiest way to get out of a 3 month notice period
easiest way to get out of a 3 month notice period
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fido

Original Poster:

18,768 posts

283 months

Monday 10th January 2011
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.. legally of course. Basically, if one wanted to jump ship to work for another company but needed to get out before to end of their notice period - how can it be done?

Odie

4,187 posts

210 months

Monday 10th January 2011
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Is the company you are jumping too a direct competitor of your current employer?

fido

Original Poster:

18,768 posts

283 months

Monday 10th January 2011
quotequote all
Odie said:
Is the company you are jumping too a direct competitor of your current employer?
Pretty much - both in the same industry, though i've never thought of them as direct competitors as i don't think they poach from each other much, if you get my drift.

Rude-boy

22,227 posts

261 months

Monday 10th January 2011
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Is the new offer solid? If so would an open and up front approach work on the basis of "Either you can send me home now and I'll do the garden for a month before I start with X Ltd or you can hold me to the contract and have a disaffected employee who is off anyway in the camp." But said in a much more subtle way?

fido

Original Poster:

18,768 posts

283 months

Monday 10th January 2011
quotequote all
Rude-boy said:
Is the new offer solid? If so would an open and up front approach work on the basis of "Either you can send me home now and I'll do the garden for a month before I start with X Ltd or you can hold me to the contract and have a disaffected employee who is off anyway in the camp." But said in a much more subtle way?
Nope, only been invited for interview - basically i bumped into an colleague from previous job and e-mails got exchanged etc. I just know the question of availability is going to come up and 3 months will be a sticking point.

itsnotarace

4,685 posts

237 months

Monday 10th January 2011
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Call your boss a rude name and walk out, thus effectively committing gross misconduct for which they will fire you. Then hope nothing goes wrong in your new job. HTH

Rude-boy

22,227 posts

261 months

Monday 10th January 2011
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Tough one then OP.

At the end of the day you have signed a contract and must consider yourself bound by its terms.

AJS-

15,366 posts

264 months

Wednesday 12th January 2011
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Rude-boy said:
Is the new offer solid? If so would an open and up front approach work on the basis of "Either you can send me home now and I'll do the garden for a month before I start with X Ltd or you can hold me to the contract and have a disaffected employee who is off anyway in the camp." But said in a much more subtle way?
Living up to your name. But basically this, only not so rude.

I'm sure they don't want you hanging around there just for the sake of it, so be mature, say that you would like to go early but will fulfill your obligations for handing over your stuff to someone else, and work out a reasonable time frame to do this, then manage that with the new employer.

If they do want you hanging around there just to deprive the competitor of you for an extra couple of months then there's really not much you can do.

Matt UK

18,084 posts

228 months

Wednesday 12th January 2011
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Rude-boy said:
Tough one then OP.

At the end of the day you have signed a contract and must consider yourself bound by its terms.
This ^^^

If you get offered the new job, you'll have to let them know your contractual obligations. But tell them you'll work to get out sooner. Then talk to your current boss when you resign and see what they can do. Many will be pragmatic about it.

To be honest, I really dislike having people in the buisness working long notice periods as they often add so little value during that time. I'll normally work hard to help the person get out as soon as possible so I can replace then with someone who wants to be there.

Scraggles

7,619 posts

252 months

Thursday 13th January 2011
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risk of burning bridges is that if the new company does not work out, no way to come back to old company

had this with a guy on my team, was very upfront about it and found within a few weeks that the new company was effectively asking him to scam clients or break some law ? he quit and came back

references for the future, glowing reference or minimal facts which point to stuff they can't legally comment on ?

matt28

147 posts

233 months

Thursday 13th January 2011
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fido said:
Nope, only been invited for interview - basically i bumped into an colleague from previous job and e-mails got exchanged etc. I just know the question of availability is going to come up and 3 months will be a sticking point.
Officially you are legally bound by contract to the 3 month notice period. In reality if you walked, while your current employer could technically sue you for whatever it would cost to have your work done during that time, I've never heard of any employer following through with it. You will, however, risk bad references (and they CAN give a bad reference if they can back it up with factual information - which would be in this case that you broke the terms of your employment by walking out). You never know when you need a reference, and it's rarely sensible to burn bridges.

Just be honest. The worst thing you can do is pretend you're available in 4 weeks, and end up unstuck. Explain at the interview that your notice period is officially 3 months, but you intend to negotiate it down. Depending on the nature of the role you're applying for, they might see it as the first test of your negotiation skills.

If/when the time comes to leave, put in your resignation letter that while you understand your notice period to be 3 months, you feel you can hand over your responsibilities far quicker. Mention in the letter than you'll be fully committed to handing everything over within 4/6/8 weeks (whichever is most appropriate). Never hint that if they force you to work for 3 months you'll be uncommitted, but stress how committed you'll be in finishing tasks and handing over your work sooner.

The last 2 roles I left I was on 3 months notice. I did the above and left in 6 weeks in both, on good terms, with good references. And in neither case did they want me to leave.

All of this depends on the reason for your 3 month notice period of course.

bucksmanuk

2,424 posts

198 months

Thursday 13th January 2011
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The company I used to work for was taken over by our competitors who were the original shower of st. I had a great job but working for these guys was horrible. I wanted out quick sticks, so with a decent pay rise and an offer letter in my hand, I put in my resignation letter that I would be willing to work my notice of 3 months, but would appreciate an early release from my contract, I asked for a months’ notice and we agreed on a halfway point of 2 months.
My boss fully appreciated me wanting to leave early, others were doing likewise, but the pay rise offered wasn’t enough to make me stay. It didn’t half ps off a major customer of ours though, when they found out I’d left - Much egg on face.
As to the previous post though, do not burn your bridges, it is surprising just how small the world is out there, especially if you work in a specialised field.

Fatman2

1,464 posts

197 months

Thursday 13th January 2011
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Once you've received a formal offer then why not just ask?

I've only ever held one position with a 3 month notice period but had it waived. Whilst I'm sure most need you to work a 3 month period to ensure time to find a replacement/handover there really is no point keeping someone longer than they want to stay. It's a false economy.

h0b0

9,006 posts

224 months

Friday 14th January 2011
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Any idea how much notice your next employer would want when you leave them? All to often a company pisses and moans about 3 months notice at your current then make you sign for the same at their company.

Also, if they want you they can wait.

Where I work as soon as a quitter says competitor I escort them off site and normally end up driving them home having taken their phone computer and car. We then make them sit at home for their notice. But, being in America notice is not mandatory and neither employer or employee has to give notice it is just a professional courtesy to give 2 weeks.

davepoth

29,395 posts

227 months

Friday 14th January 2011
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Very true. At any reasonably senior level in the company, and especially if moving to a competitor, the company you are leaving won't want you in the office gathering intelligence that will be of use in your new job. So the chances are you'll be on gardening leave for your notice period. At that point the length of notice is up for discussion, they'll probably drop it a bit.

h0b0

9,006 posts

224 months

Friday 14th January 2011
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In the UK we have people on low basic, huge (in the millions) bonuses and they are engineers not traders. We then put them on 12 months notice. The idea is that if they leave us to go to a competitor their knowledge will be out of date by the time they get there. And, it is assumed they will only add value at a competitor so that must be where they are going and automatically they are put on gardening leave for 12 months earning a fraction of what they once earned.