Possible stitch up over pay...
Discussion
Here's a situation.
Left company X mid december. Contract stated that a months notice needed to be give from either side. I annouced I was joining a competitor on the 20th, I was sat down with people above, all very polite etc, no bad blood. They said there is two options:
1. We can put you on gardening leave for the 4 weeks meaning you cannot start at the new place till the 4 weeks is up.
2. We can terminate the contract and pay up the 4 weeks and you can start whenever.
So because I didn't want to keep the other place waiting too long I went with option 2 and started there on the 10th.
So fast forward to today, 28th, company x payday. I thought I woudl get a normal months pay, however I didn't, all I got was my commission for that month, which is two months in lieu so had been earnt when I was there.
Should I have got a full pay? Surley if I was on gardening leave, or even normal leave and I worked my full months notice, I would be paid in full, so why is this any different?
As an aside, I did send an email to HR confirming I wanted that option, I didn't sign anything, though.
Anyone give me any pointers?
Left company X mid december. Contract stated that a months notice needed to be give from either side. I annouced I was joining a competitor on the 20th, I was sat down with people above, all very polite etc, no bad blood. They said there is two options:
1. We can put you on gardening leave for the 4 weeks meaning you cannot start at the new place till the 4 weeks is up.
2. We can terminate the contract and pay up the 4 weeks and you can start whenever.
So because I didn't want to keep the other place waiting too long I went with option 2 and started there on the 10th.
So fast forward to today, 28th, company x payday. I thought I woudl get a normal months pay, however I didn't, all I got was my commission for that month, which is two months in lieu so had been earnt when I was there.
Should I have got a full pay? Surley if I was on gardening leave, or even normal leave and I worked my full months notice, I would be paid in full, so why is this any different?
As an aside, I did send an email to HR confirming I wanted that option, I didn't sign anything, though.
Anyone give me any pointers?
Do you have the 2 options they gave you in writing?
The reason I ask is that option 2, as you have written it, makes no sense. Why would an employer allow you to leave early and start work for a competitor whilst still paying you?
Option 1 is fine. You are required to give one months notice but as you are joining a competitor you are put on gardening leave and are paid for it.
Option 2 is fine if it was meant to be that you both agree to end the contract with immediate effect. This would leave you free to join the competitor immediately but you would not be paid another months salary.
Your previous employer obviously believes that option 2 (as I have written it) is what has happened.
So what exactly did option 2 say?
The reason I ask is that option 2, as you have written it, makes no sense. Why would an employer allow you to leave early and start work for a competitor whilst still paying you?
Option 1 is fine. You are required to give one months notice but as you are joining a competitor you are put on gardening leave and are paid for it.
Option 2 is fine if it was meant to be that you both agree to end the contract with immediate effect. This would leave you free to join the competitor immediately but you would not be paid another months salary.
Your previous employer obviously believes that option 2 (as I have written it) is what has happened.
So what exactly did option 2 say?
ralphrj said:
It doesn't make sense but who cares! Result!
Agree with you completely. One of the most bizarre things I have ever heard.Those two option were basically
1)Leave an you cant start for a competitor for 4 weeks or
2)Leave and completely ignore option 1) and we will pay you anyway
Pleased for you though OP. You definitely got a decent deal there
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