employment contract question?

Question

if an employment contract states u have to give 4 weeks notice can u leave before hand if u have another job offer where they need me urgently

Answer 1

You can leave any time you like - they can't force you to work out your notice. HOWEVER
REMEMBER - they won't pay you for the time you haven't served, and they don't have to give a reference, if at all. In actual fact it's read 'between the lines' if a company refuses a reference. However, if you are sure of this new company you seem so keen to move to, then make sure they are aware of the risk you are running - so they can't say they're withdrawing the offer 'because you didn't get a reference'.
Lastly, it really is better to try to reach an amicable agreement with your present company, say working half the notice required in light of your not wanting to miss this opportunity - you never know, you might need their support for another employment opportunity in the future. And if the company you want to move to is really worth all this, then they surely would be agreeable to negotiating a slightly later starting date to give you this time.

Answer 2

No. You should have negotiated a lesser time period, or an "in the event of.." provision. Since you didn't, you have to abide by the contract you agreed to voluntarily and in good faith.

Breech could open you (and/ or new employer) up to significant liability, if the current employer wants to pursue it.

I recommend that you talk with the new employer to determine if the job can wait 4 weeks, or find an alternative solution ( for example, work for current employer during the day and some time at night for the new employer).

Answer 3

Mention your other job offer, if it's pay you're after maybe negotiate for a better wage. If you would enjoy the other job more, be honest and let your employer know. Make sure you talk to your employer because you might need their reference later.

Answer 4

It all depends on whether your current employer requires you to work your notice period. Your new employer will not think a great deal about you and loyalty if he expects you to just finish your old job prematurely. At least talk things through with your present employer. otherwise you should work the four weeks.

Answer 5

Ask the question of your current employer. If you talk it through, then they may release you early. If they want to be difficult and obstructive about it, then they could hold you to the 4 weeks - but ask nicely and see how you go.

Good luck in your new job.

Answer 6

they can force you to work it, if you don't, they can sue you for damages to the business and cost of replacing you. Also, it will go on your reference that you failed to complete your contracted notice period. If you get signed of sick, that also won't do you any favours in the long run with new employers. 4 weeks is nothing, either negotiate or work it

Answer 7

Negotiate it with your current employer. Legally they can force you to work your notice period, even if you have outstanding untaken leave days. You can also cause an immense amount of damage to their business - they know this. If there's something that they really need you to do, then do it, otherwise they will let you go when it suits you.

Answer 8

You can leave whenever you want really: they're not going to sue you BUT they are not obliged to give you any holiday pay owed and I wouldn't fancy your chances of getting a great reference in the future. My advice would be to talk to them; not many employers really want to keep someone that is going to move on.

Answer 9

You can leave and nobody can stop you.

However, you may forfeit salary and holiday.

Also, it is doubtful if any employer would give you a BAD reference - probably best not to expect a reference at all from them.

Answer 10

you will forefit any remaining holiday pay you would be entitled to, it may also reflect on a future reference request.

I suggest you talk to your current employer and see what they say, I also suggest you don't burn you bridges, you just never know...