what can employer do if you dont serve your notice?

Answer 1

They can get back at you if you ever need a reference.

Never leave an employer on bad terms, if you can help it.

Answer 2

Your employer can do nothing.

Unless under a special contract, and you would know because you signed something if that's the case, your employment has a status of "at will". Meaning that you or the employer can terminate the employment at anytime without notice.

An employer would have to provide a valid termination reason in order to avoid paying unemployment which you would be collecting, but they need not give notice.

You need not give notice, even if the employer asks for it. And they all do, for the company benefit, to have time to replace and train someone for your position. The employers often become upset from the trouble no-notice causes.

Former employers are the first most contact reference when searching for a new job. Of course, the former employer could give you a bad reference (such as telling the interviewer you quit without notice) or they could give a good one. However, by law, the only thing they are supposed to divulge is the dates of your employment (from when to when) and how much you made. Saying anything else would open them to a viable lawsuit from you.

Answer 3

Technically a failure to give notice as required by your contract is a breach of contract, and the employer will be entitled to damages to reflect any loss it suffers as a result of the breach. In most cases this means that if an employer has to take on short term staff to cover while a replacement is found, or has to outsource your work, and this costs him more than you were paid he could seek compensation from you for the difference it costs for the period of notice. In most employment situations however employers are not in this position or do not bother to take any action, this does not mean they can't though. This is the other side of the coin to cases where employees are dismissed without notice, it's just that the consequences are different for the parties. If your contract has any restrictive covenants in it that would apply during your period of notice and you ignore these you may find that your employer seeks an injunction to require you to observe the terms of these covenants for the relevant period if they are breached, not serving notice does not mean all the terms of the contract cease to apply, and yes you may find you get a reference that reflects what you have done, employers do not have to give detailed references but any that they do give must be accurate.

Answer 4

I once asked a lawyer about this and she researched it and explained it to me. Keep in mind, I work in the province of Ontario, Canada so labour laws (and spelling!) may not be the same.

There is no explicit law that states you must give an employer advance notice. You are entitled to quit a job on the spot if you want. But there is what is called "professional courtesy" in the interpretation of employment/labour law. This means certain conduct is expected by both employees and employers even though it is not exactly illegal. If they don't adhere to professional courtesy, the judge can factor that into his decision if there are other litigation issues. In the case of notice, it is understood that the employee is to give the employer adequate advance notice of resignation. The amount of notice is based on experience in the field of work and the length of service at the company. This is to give the employer enough time to recruit an equivalent replacement. This means it's expected that if you are a junior employee that worked at the company for 2 years or less, you give 2 weeks notice. If you're in an intermediate position and worked there 5 years, you give one month's notice. If you're a senior employee, 20 experience in the field and 10 years at the company, you give 4 months notice. If you worked there 20 years then you give 6 months. So, let's say after working at a company 20 years you fly into a rage, maliciously damage valuable company information, quit on the spot and walk out the door, the judge will factor in that you didn't give notice in his decision. Or you're a long time employee who suddenly quit one day to join the competitor and is being sued for passing on company secrets, the judge will factor in the failure of notice. Just quiting on the spot without any other litigious issues, no legal recouse by the employer.

-- Liam

Answer 5

I don't believe there is any legal issue with leaving a job without giving notice, however the employer may not provide a very good reference in the future if it is ever needed.

Don't burn any bridge if you ever need to go back across it.

Answer 6

They can not pay you, Take you to court for breach of contract. Give no reference. Basically bugger you chances of getting another job if they so wish!

Why do you want to leave with out serving notice. Maybe you could get help. Speak to the C.A.B

Answer 7

it is now against the law to give a bad reference in the u.k an employer must give a good reference or none at all

Answer 8

Well i didnt give notice on my last job, i was a horrible job and the people there were so nasty, they cant do anything i got paid what i was owed plus holiday pay. so as far as im aware they cant do anything.

Answer 9

They can refuse to pay you or if you have a contract then they can sue you for breach of contract and they can also make it harder for you to get another job by not giving you a reference.

Answer 10

Cry? Most states are right to work. You can quit immediatley with no reprocution.