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Employer may refuse to release me.

Discussion in 'Employment & Jobs' started by ibrator, Apr 26, 2008.

  1. ibrator

    ibrator New Member

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    Hi Everyone.

    Haven't posted on here for a while, I'm once again here to seek for some advice.

    I got offered a First line analyst job which is to start on the 7th of may, however my current employment requires 3 weeks of notice as stated in the contract. The start date of this new job does not allow me to give my current employer a sufficient period of notice.

    I've spoken to my boss regarding the matter and he's willing to be flexible about it providing that I can get time off of my new job to cover his business for a week when a colleague goes off on holiday and work on the saturdays in may.

    My worry is what if I can't get the week off from my new employers ? Can I still leave ?

    My contract says if i don't provide the company the required period of notice the company is likely to incure additional expense in completing tasks which I would have completed during my period of notice.

    "By signing the contract I agree that in the event i do not give the required period of notice the company may deduct 50% of my salary for the notice period from any final payment due to me by way of liquidated damages representing the additional cost of completing such work."

    I just got paid this month so ideally I can just walk out and whats still will be owed to me with a 50% cut doesn't bother me. Theres nothing in the contract stating the consequences if I just left the job. But will I be breaking any other laws or policies that are external ?

    This is just a last resort as I intend to settle the situation fairly where both of us are happy.

    Please could anyone advise me of my rights as an employer especially related to my situation and any additional info which I will need to know. I know this may not a be the best way of settling the situation, how would you guys go about it ?
     
  2. derkit

    derkit Gigabyte Poster

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    Well, while this isn't an ideal situation, its what you've got to deal with so.....

    Your rights, you are in the wrong, you signed a contract and *should* stick to it - if not they can take the 50% of your salary for the notice period.

    Ignoring that, and thinking about what you could do:
    1) Say yes to your old employer about coming back, leave, start the new job - never return any messages from him etc. - there is not recourse because you can always say "his word against mine". You will burn bridges with him/the old company, but you're out of there.
    2) Take the salary hit, notice period was normally for the company to find a replacement - whether this is still the case I don't know - but all they'll do is not pay you the entire 4 weeks (assuming!) notice period, which if you haven't worked it - it won't bother you.
    3) Tell you're new employer that the old one is being a bit funny about you leaving, ask for a weeks grace before starting,

    I wouldn't do any of these (well, maybe the 3rd), I'd work the notice period leave on good terms, but thats just me.
     
    Certifications: MBCS, BSc(Hons), Cert(Maths), A+, Net+, MCDST, ITIL-F v3, MCSA
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  3. Makaveli

    Makaveli Byte Poster

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    Exactly... you need to consider the long term too, leaving on good terms means your more likely to get a better reference from this employer (if required in the future), I personally wouldnt burn any bridges!
     
  4. ffreeloader

    ffreeloader Terabyte Poster

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    If this was me, and a prospective employer was not willing to work with me so that I wouldn't be forced to make a less than ethical move to go to work for them, I'd turn them down and stay where I was. I'd be asking myself just what kind of jerks there are at this prospective place of employment, and just how far their lack of respect for me and my current employer goes. I'd be worried about their lack of character.
     
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  5. Boycie
    Honorary Member

    Boycie Senior Beer Tester

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    I think you may be alright here. Most employeers understand when someone wants to start another job, they will no longer put 100% in, so it's in everyones interest to work out a mutual start/end date.

    Good luck

    Simon
     
    Certifications: MCSA 2003, MCDST, A+, N+, CTT+, MCT
  6. Crito

    Crito Banned

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    Once you're out the door 90% will bad mouth you anyways, regardless of how good your work was, or even how much money you made/saved them -- which is why it's always best to get another job while you still have one BTW. So if you don't mind losing the money and are confident you've got another good, long-term gig lined up, I wouldn't worry about it.

    On the other hand, if you've managed to find one of the rare 10% of employers that treats you with the same dignity and respect they expect themselves, ffreeloader might have a good point. Most I've encountered try to extort respect out of their employees like some mob boss from the Sopranos though (well, by using fear of losing your job, not your life, but still..), so I don't think ethics applies to them. :ohmy

    Ask yourself this: if the tables were turned, would your boss have any qualms about walking out on you? There's your answer.
     
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  7. ffreeloader

    ffreeloader Terabyte Poster

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    Ummm... It's the employee's actions that are in question here. Will he be able to make a decision that is in line with his own ethics? If the prospective employer's ethics are so bad that he is willing to force a prospective employee to violate their own ethics, does anyone really want to work for them, and do they really think they will be happy working in that atmosphere of coercion and lack of respect?

    If a future employer has so little respect for me that they tell me that if I want to work for them I have to violate my own sense of ethics--break a contract I signed in good faith--there is no way I would work for them. Why? Because once they really have power over me--I'm dependent on them for my income--they are going to treat me like absolute crap and will have no respect for me as individual. I'm sorry, but I'm not about to make money for anyone who has that attitude towards me, or give them that kind of power over me. If I give them more power over me they will only abuse that power.
     
    Certifications: MCSE, MCDBA, CCNA, A+
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  8. ibrator

    ibrator New Member

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    Hi Guys

    Thanks for your advice and views to my situation. I'm not the kind of person to walk out on the job or accept a new job if neither is being fair however its an opportunity to set the first step onto my career ladder in the IT world.

    I've informed my new employers/agency about the situation and they are very helpful and understanding so hopefully they ll give me some good news.

    If that fails then Im up for offering my current boss to work for him for the saturdays in may and give him 50% back of last months salary to to cover expenses that I would incur for the jobs that I would of completed in the notice period. The sum of money itself is not much but my time, effort and commitment is.

    If he doesn't accept that then theres nothing more I can do, hence Im asking you guys for the advice.

    Thanks again, and if anyone else would like to put forward there views and advice then please feel free to do so.
     
  9. dmarsh

    dmarsh Terabyte Poster

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    Sound like a reasonable plan to me, if you can keep both parties happy with a compromise and paper over the cracks thats the best way forward. Its one of those situations in life where there is no clear answer, I agree with Trip that ideally a good company would be better organised and prepared to wait, but we all know often life doesn't work like that, both companies want to offer a service, and they want it now...

    Technically you are breaking your contract, but as long as your present boss feels you are honouring the spirit of the agreement you should be ok. Your new employer should also be impressed if you manage to leave on good terms as it will illustrate to them that you honour your word and respect your employers.

    Try as hard as you can, but If all else fails do whats best for you though as sometimes you can't please everybody !
     
    Certifications: CITP, BSc, HND, SCJP, SCJD, SCWCD, SCBCD, SCEA, N+, Sec+, Proj+, Server+, Linux+, MCTS, MCPD, MCSA, MCITP, CCDH
  10. BosonMichael
    Highly Decorated Member Award

    BosonMichael Yottabyte Poster

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    Perhaps that's been your experience... but I've never had that happen to me. Any of my former employers or supervisors would take me back in a heartbeat... and several have. Considering I've had quite a few IT jobs in the past 10 years, I doubt I've gotten lucky being hired by the "10% employers" every single time.
     
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