What's everyones thoughts and views on resigning without giving notice? Has anyone done it? Other than withholding your pay can an employer do much about it?
A friend of mine recently signed a 6 month notice period contract LOL.
What are peoples experiences?
Resigning without Giving Notice
RickyPoontang on 05/08/2020 - 22:37
Comments
6 months is very long, even if they’re an exec
If you’re moving to a direct competitor I bet they’d walk you that day
It really depends on whether you intend to work in that industry again. You won't get any references and if anyone asks, you will probably be branded as reckless, unprofessional and selfish.
I've given 3 hours notice before…. sort of. I gave notice at lunch and took immediate leave. No intentions to return to that particular industry so I wasn't concerned much about the consequences. I also knew, in my case, they had easy access to temps to fill my vacancy. In the end, the boss was understanding so I didn't really leave on a bad note.
Even if you don't need the reference (and I get suspicious when someone doesn't list their last employer) there can still be some issues.
Why would a new employer trust you if they noticed you gave no notice to an old employer? You could do the same to them.
It could come back to bite you. I knew someone that applied for a new job years after the one he walked out of without notice. Who was the hiring manager at the new company? The manager he gave no notice to.Generally the longer the notice period, the higher they are in the company or hard to replace positions. Most senior managers/executives will have 6-12 months notice. That's so they can organise hand overs, company direction etc
I think it shows your new bosses exactly where your morals and any possible loyalty lie.
I handed in my resignation today, and my new work wants me to start ASAP. I told them I need to give 4 weeks notice and that I will serve out my notice period if my current employer wants me to.
…and my new work wants me to start ASAP.
This seems to happen every time. I always tell them I'll see what I can do. Then I call the next day and tell them that my old employer won't budge.
Well, I "tried".
Did it when I was a casual and 15yo.
Haven't done it since! Need references on resumes etc
6 months notice seems unreasonable. What industry is your friend in?
Common in university lecturing positions, mostly because it’s very difficult to handover if a lecturer leaves in the middle of teaching a semester.
Fashion retail! Yeah Ive been in retail my whole life and have never come across a 6 month one before!
I'd say it's n unlawful inclusion then.
Can be normal but only in executive positions. At lower levels never heard of anything higher than 3.
Are you sure it’s 6 months not 6 weeks? Sounds like slavery.
If it’s a contract they can sue, also a 6 month notice contract, might have clauses about working in the industry again within a certain period,
No laughing matter (you said LOL)
Suggest your next step (or your friends? -lol)
Is to seek legal advice
He is probably having a laugh at someone stupid enough to sign on a contract with clauses they do not agree with.
Hahahaha defs not mine. Sue for what? From everything I've read they can only withhold notice period pay.
Yeah good point about non competes etc.. Not sure what the deal is.
The company I worked for sued someone who left immediately after resigning.
They sued for breach of contract, repayment of leave taken in advance, and a couple of other points from memory.It was settled prior to court, but it was extremely messy for all concerned and word does get around amongst employers within the same industry.
If the employer can quantify and prove damage, they can sue.
It all depends on industry.
Shop assistant in retail fashion? No
Top secret rocket surgery? Probably
That sounds more of a non-compete issue
@RickyPoontang: As per another comment, a company may organise a course on the presumption they have the employees to conduct said course.
Failure to give sufficient notice would result in expense to find a replacement or to refund the attandees of the course. That is provable damage.
I can't tell you why it would apply to rocket surgery as it is top secret.
My last job had a 3 month notice period and I only gave 1 month.
They advised that they would withhold the final 2 months pay of that notice period I wasn't working. Obviously I was fine with that.
Most of the time 2-4 weeks notices is a courtesy - Some job do require a certain period of notice as it can be hard to recruit for certain positions but personally if your making well under the 6 figure mark (and not taking clients to another employer) no one is going to sue you for not giving proper notice - as the financial gain for them wouldnt be worth the legal cost….
Just dont expect a reference
Personally i have always given 2-3 weeks notice incase to be nice you never know when you might need a job and it doesnt cost much to be polite
6 month notice you friend has seems insane and unless he is making crazy money i can see how they can justify a 6 month notice…
Haha defs not making crazy money from what I gather. Decent but not cray.
Just wondering if the business has to give your friend 6 months notice, as well?
Just found out, after probationary yes apparently. He must be praying for redundancy 😂🙏
Redundancy is nice if you have been there a while. In my case it was the pat on the head as I sailed off into retirement.
I've given notice of 2 days for a previous contract role but that's only because I was in the process of being performanced managed out so I basically just said "I've got a new job and leaving end of the week so bye!"
(Mass redundancies then occured in that department 2-3 months later)
Why would you not give notice? It outlines the procedure in your contract that you agreed to and it's the customary thing to do to allow the business sufficient time to recruit a replacement or plan strategy/handover etc accordingly.
6 month notice period seems unreasonable, get them to double check that and discuss with HR. Sometimes it can be shortened or placed on gardening leave etc.
Assuming there's no working visa issues, you can get black flagged at the company and any recruiters they work with. You also won't get a letter of recommendation or any positive response if next employer calls them up to verify.