I have been working for my current employer for 2 months and although I have been given my contract and it states one month notice period, I have never signed this...
I want to leave this current employment ASAP and wonder where I stand on the matter, I am still within my probationary period and am not happy and have been offered a new job- where do I stand in terms of my pay I am due and also legally - ie can they force me to work the one month notice when I never signed my contract and also I work in recruitment and am going to work for another recruitment agency thus I believe this may be regarded as the "competition" although moving into a different sector ie from IT to Legal???? Any help would be much appreciated before I plan my next step??
2007-07-09 02:43:48 · 11 answers · asked by Scots lass 2 in Politics & Government ➔ Law & Ethics
I am not questioning the one month's pay- only the outstanding past 9 days that I have worked since my last pay.....I doubt their integrity to pay this to me, although I am due this ....
2007-07-09 02:51:06 · update #1
I am in the UK
2007-07-09 03:59:36 · update #2
You can leave - contract not signed then it is not in force - you will however NOT be entitled to one months pay - which is what I guess you are questioning.
Out of courtesy - give a weeks notice.
2007-07-09 02:47:48 · answer #1 · answered by jamand 7 · 1⤊ 0⤋
The answers to your questions depend on the state in which this is occurring (if in the U.S.) Most states allow an employer to wait until the next noraml pay cycle to pay a departing employee and while most also require the payment of past wages to be immediate, the conditions under which that statute begins is on the employer terminating the employee, not in your scenario.
Therefore, if you do quit and you do not receive your last check by the next scheduled pay period (or within a few days of it) you have every right to file a complaint with your state Department of Labor Wage and Hour commission.
As to how you can leave, you are not bound by anything other than ethics. As for working for the competition, unless you signed a non-compete (except in California where 90% of such agreements are invalid) then you are free to work for anyone.
2007-07-09 03:51:01 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
Your conduct is such that you have entered into a contract of employment. However if during your probationary period would you be entitled to one months notice if you were deemed unsuitable? I somehow doubt it, it cuts both ways your job with employer is not suitable you are in a probationary period, I do not think you have to give notice but check with Citizens Advice
2007-07-09 08:25:06 · answer #3 · answered by Scouse 7 · 0⤊ 0⤋
I'm inclined to agree with Dannette. Actually, have you considered that the three month bit works both ways? If they ever want to get rid of you they have to give uou three months notice or three months pay. I was a Director of the last company I worked for and I was on 12 months notice!
2016-05-17 16:58:05 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Probation works both ways, if you're not happy with your employer, you can leave. Courtesy demands that you give some notice - say one week, but you would be within your rights to demand that for the period of notice your employer rectifies (if reasonable) the things that are causing you to be unhappy.
They cannot legally refuse to pay you for work that you have done so your 9 days pay must be paid.
2007-07-09 03:02:55 · answer #5 · answered by bulliont 2 · 0⤊ 1⤋
Talk to Citizens Advice Bureau.
Talk to your new employer.
To be sure the above is your best bet. I would think since you have not signed your contract you are not bound by it unless there is something in the contract that says verbal discussion re terms of contract are part of this contract and are binding, although I don't think that would stand up very well in court.
Good luck in your new job and Good luck in your last days in the old job.
2007-07-09 02:50:17 · answer #6 · answered by Jewel 6 · 0⤊ 1⤋
after two months I would just tell them thank you but I have been offered better job and leave. That sort of clause you are
referring to usually pertains to jobs that have security clearance...or a manufacturer that is susceptible to industrial espionage....I am sure that head hunting doesn't qualify. BUT....ethically, you cannot use resources from your current company. ie. Calling on one of the companies that your employer has signed or a candidate that is in their system.
2007-07-09 03:01:03 · answer #7 · answered by Lisa W 5 · 0⤊ 0⤋
You can just leave. But get your pay first. Your employer cannot make you come back to work. You have not been there long enough . In Britain you have very little rights unless you have been employed for 1 yr. Get your pay first.
2007-07-09 03:09:50 · answer #8 · answered by daria 3 · 0⤊ 1⤋
contact acas they are amazing, they will put you right in where you stand, they helped me, I'm sure if you hand your notice in now, then you should leave a week later, if it is monthly pay, then you will be due money back,hope it all works out for you,keep safe all the best.
www.acas.co.uk
2007-07-09 08:51:09 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Probationary period... you are not even hired until that period is over...only then would your (signed) contract take effect.
You are free to leave.
2007-07-09 02:52:24 · answer #10 · answered by gcbtrading 7 · 0⤊ 1⤋