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Old 03-28-2018, 10:22 AM   #1
LikeableMe
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Get out of my notice period at work?

Long shot, but I figured there's a diverse group of people and potentially a wealth of knowledge all in one place here!

Does anyone have any advice on resigning from a job without working out your notice period, and avoiding leaving on negative terms?

I've decided to quit my job, and apparently I am so very important (hah!) that I have to give nine weeks notice... The job I'm moving into isn't going to be able to hold the position for two months, so any advice would be very welcome! I don't imagine the company I'm resigning from being very understanding.

Thank you!
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Old 03-28-2018, 10:28 AM   #2
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Kind of depends on the new place? If they aren't fussed about your references from your old job (and you don't have a professional body to be worried about) you should be able to negotiate down the nine weeks.
If there's an industry conflict then some people want to get rid of you ASAP to avoid losing information...

Short answer is I don't know, but good luck
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Old 03-28-2018, 12:32 PM   #3
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The only question that should be on your mind is what penalty there might be for not serving out the nine weeks. If you are under contract with a penalty clause, then that is one thing. If it's just about a reference, which you don't really need since you have a job to go to, then it would only depend on how much you feel you might need that reference down the road.

Legally, I couldn't tell you.

Here, anyone on either side can terminate the employment at any time with zero notice and there would be no legal ramifications unless there was a specific contract with a penalty clause which could result in a suit. And to a certain extent, that makes sense to me. I mean, really. What is there to stop you from just walking out with not a single wave on the way out the door? So, to me, this sounds like a bullying tactic trying to make people afraid to leave. I mean, would they have to give you nine weeks notice if they terminated your position?

The answer, as with everything, is just what you might be giving up in addition to the paycheck. Whether it's money in the form of punitive damages, or professional reputation or what.

I'm sorry I can't be more help. But, I think your best recourse would be to go ever the terms of your employment with someone knowledgeable about such things in your area if you have questions. After all, the situation could be different where you live.
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Old 03-28-2018, 05:15 PM   #4
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Yes, they would be required to give me nine weeks notice of termination, or payment in lieu. (So Iíd get nine weeks pay as if Iíd worked the notice period.) not aware of any penalties on my end, I know of some who have gone immediately, and not even bothered to give notice!

Iím not concerned about a reference, as Iíve been with the company a long time and previous managers still within the company would be happy to supply me with references, regardless of how I go about leaving. I donít need references for the new position, as they are already familiar with me and my work!

My contract just states the notice period, with no mention of penalties. I guess I will just submit my end date and see what they say!
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Old 03-28-2018, 05:42 PM   #5
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If your job (work place) is in the United States

If you have a contract, (e.g. a paper you and a company officer signed), read it.

If where you work has a labor union that negotiated pay, benefits, etc. which apply to you and your job/position, talk to the union rep. Answer is probably "do what you want".

If you are a government direct employee (civil service, not a contractor to the government), civil service rules (many are law) apply to you.

Otherwise... You are free to leave at any time, without any notice. Period.

1. Anything the company tells you like "our policy is" or "the "employee handbook says" is binding only on them, not you. Don't listen to scare tactics.

2. You are not required to sign any paper when you leave.


In some cases, signing something might be to your advantage, such as an agreement covering an special retirement program. This probably doesn't apply to your current situation.

3. Don't ever sign a release or satisfaction of claims, agreement not to sue or any other "it's just routine" document.

Signing a receipt for receiving information (like COBRA rights) is probably OK, but read EVERYTHING and get all your questions answered.

4. Don't EVER sign another Non Disclosure Agreement (NDA). Demand that they tell you specifically what business secrets (e.g. the formula for Coka Cola) they think you know. The courts have said quite broadly, that what you learn from experience is yours, not the companies.

5. Don't EVER sign a Do Not Compete Agreement (DNCA) unless they give you something (like money) and it has specifics (jobs, companies, etc.) and dates. Take it to a lawyer first.

Generally speaking, you can walk off a job in the morning and start working at a competitor across the street without repercussions.

You can't reproduce for your new employer (your memory of) specifics of your old employer's business, for example a complete org chart, phone list, financial statement, list of vendors, contract amounts, internal price list, copyrighted material or "internal use only" material.

But you can take your personal Rolodex (contacts book) which may have names of business contacts or former fellow employees.

And you can call people you met while working at the old employer to solicit business with your new employer as long as you quickly disclose to them you've changed companies. Keep contact records and note your boss's approval, especially about the details and who came up with any numbers in any offers you make. It needs to be clear they are not based on numbers you knew specific to your old company, but by your new company's business decisions.

Anything you created belongs to the old company. You can't build a duplicate for your new company. You can build a "new and improved" model with non-infringing patents... Intellectual Property Law, ugh!

Last edited by ReadyOne : 03-28-2018 at 06:00 PM. Reason: old work
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Old 03-28-2018, 05:47 PM   #6
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Quote:
Originally Posted by LikeableMe View Post
My contract just states the notice period, with no mention of penalties. I guess I will just submit my end date and see what they say!
This may need a reading by a lawyer, but unless there is a stated penalty, you can violate the clause without consequences. Look for a general fault clause ("any terms of this contract") too. The only trap is that you can not be paid by both companies at the same time.

If your old company pays you for x weeks, you can't work at a similar job for x weeks. (You can get paid for flipping burgers during those x weeks.)

Last edited by ReadyOne : 03-28-2018 at 05:58 PM.
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Old 03-28-2018, 08:44 PM   #7
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Yes, they would be required to give me nine weeks notice of termination, or payment in lieu.

My contract just states the notice period, with no mention of penalties.
So, to be clear, your contract says that you must give 9 weeks notice but doesn't state penalties? It seems the intent was to give you a nice severance clause with in exchange for you not leaving them in the lurch, but my guess is that they are not going to sue you for breach unless you leaving causes them demonstrable financial hardship.

For example, my employer has a contract with a customer that states that I can not be replaced as the Principle Investigator without their consent. If I walk without notice that causes the company major grief because all work has to stop on the contract until the customer agrees on my replacement. Even though I live in an "at will" employment state, an employment contract giving the company time to negotiate my replacement would be legally enforceable (not that I have one).

In general terms, no one wins if you get pissed off by a law suit and then sandbag for 9 weeks (or do something because you're angry).
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Old 03-28-2018, 08:49 PM   #8
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OP and her cleavage are in the UK, so advice from the US may not be relevant.
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Old 03-28-2018, 10:31 PM   #9
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OP and her cleavage are in the UK, so advice from the US may not be relevant.
It took me a moment to figure out what you meant, but after looking at her profile I see. I browse lit with AVs turned off ;-). But, yes that's an important point.
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Old 03-29-2018, 10:05 AM   #10
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A lot of the points here are actually very relevant and helpful, despite not being specific my country. Particularly not signing documents with certain clauses in them, as Iím planning to make a complaint after Iím gone, which is the main reason Iím concerned with leaving correctly, as I donít want it to get in the way of the complaint I submit!

Thank you all, youíve given me a lot to think about.
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Old 03-29-2018, 08:43 PM   #11
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Rule of thumb that I was taught was that a minimum notice equals how often you're paid ( every month, every two weeks), unless you've agreed to something else.

You might want to discuss it with your employer, something like I understand your preference might be for 9 weeks notice, but my next employer wants me sooner than that, so can we discuss a shorter period? I'll do my best to make the transition as easy as possible for my replacement.
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Old 03-30-2018, 04:16 AM   #12
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I gave two week's notice to leave a retail electronics sales job. The manager "accepted my resignation immediately", as in, "Here's a check and don't let the door hit your ass on your way out." Did I quit or was I fired?
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Old 03-31-2018, 07:45 AM   #13
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I'm not currently in a role that requires succession planning, so allowing someone to take over my duties is not a problem. I'm trying not to have any conversations with them regarding my departure until I hand in my resignation, as they know I have the potential to bring in big business, and I don't see them taking it very well!

I'm sure I'll work out a way to resolve it, I just wanted to see if anyone here was clued up on employment law. I have qualifications in contract law, so I'll just have to dig out my contract and see what exclusion clauses and loopholes I can find!

Thanks all for the thoughts!
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Old 04-02-2018, 02:26 PM   #14
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Employment law differs a lot around the world.

This is one of the cases where membership of a union could be a really good idea. They have the legal knowledge about hiring, firing and contracts.
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Old 04-02-2018, 05:24 PM   #15
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Do you know for sure whether your current employer is likely to stand on that nine-week waiting period? As I understand it, those things often get waived by mutual agreement.
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Old 04-07-2018, 11:05 AM   #16
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Quote:
Originally Posted by Antryg_Windrose View Post
I gave two week's notice to leave a retail electronics sales job. The manager "accepted my resignation immediately", as in, "Here's a check and don't let the door hit your ass on your way out." Did I quit or was I fired?
Unless the cheque was for the next two weeks, you were fired without notice and have an enforceable claim (legal bill = amount recovered x 2 or more).
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Old 04-07-2018, 11:13 AM   #17
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I'm not currently in a role that requires succession planning, so allowing someone to take over my duties is not a problem. I'm trying not to have any conversations with them regarding my departure until I hand in my resignation, as they know I have the potential to bring in big business, and I don't see them taking it very well!

I'm sure I'll work out a way to resolve it, I just wanted to see if anyone here was clued up on employment law. I have qualifications in contract law, so I'll just have to dig out my contract and see what exclusion clauses and loopholes I can find!

Thanks all for the thoughts!
Personal services contracts are not enforceable by strict performance, i.e. making you stay on the job. It is rarely possible for an employer to prove damages if you leave with no or reduced notice, but it depends on who is doing the evaluation, someone with legal experience or some bureaucrat who doesn't realize that damages have to be proved, not just asserted. UK law is much the same as ours, BUT I can't say what EU changes have been made, except that they tend to favour the employee. If your complaint has to do with an employment condition, e.g. sexual harassment, that gives you cause to leave similar to being fired for cause, and leaving early would in fact add weight to the complaint rather than diminish it. A few thoughts, anyway.
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Old 04-11-2018, 09:13 PM   #18
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Quote:
Originally Posted by GrandTeton View Post
Personal services contracts are not enforceable by strict performance, i.e. making you stay on the job. It is rarely possible for an employer to prove damages if you leave with no or reduced notice, but it depends on who is doing the evaluation, someone with legal experience or some bureaucrat who doesn't realize that damages have to be proved, not just asserted. UK law is much the same as ours, BUT I can't say what EU changes have been made, except that they tend to favour the employee. If your complaint has to do with an employment condition, e.g. sexual harassment, that gives you cause to leave similar to being fired for cause, and leaving early would in fact add weight to the complaint rather than diminish it. A few thoughts, anyway.
Thank you, I will have a think about whether my reduced notice period will be able to add weight to my complaint! I ended up giving two weeks notice. I discovered I was the only person employed with that particular notice period, so it helped me to get it reduced.
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