Author Topic: Work advice - Contract asks for 3 months of notice  (Read 2521 times)

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Online tggzzz

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Re: Work advice - Contract asks for 3 months of notice
« Reply #25 on: May 12, 2018, 04:25:56 pm »
I have a couple of rules of thumb.

Firstly, never work for a company where the contract is unnecessarily asymmetric.

Secondly, never work in a country where the employer/customer takes your passport and/or you need an exit visa.
There are lies, damned lies, statistics - and ADC/DAC specs.
Glider pilot's aphorism: "there is no substitute for span". Retort: "There is a substitute: skill+imagination. But you can buy span".
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Offline JohnnyMalaria

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Re: Work advice - Contract asks for 3 months of notice
« Reply #26 on: May 12, 2018, 04:58:40 pm »
I'd take the employment contract to an employment/labor lawyer and go over the section at issue... likely worth the $150 vs 3 months. Plus it's impossible to make an informed decision without actually being informed.

Also you mentioned your boss said they wouldn't enforce the section... if me I'd either ask for that in writing or send an email asking to confirm/clarify.... mentioned as a minimum, so can be referenced later if needed.
I was considering consulting a lawyer.  I just wanted to see the general sentiment before I did.   As for asking for my boss saying he wouldn't enforce it, I don't think he could stop it if the company really decided wanted to do something about it(IE sue me).  I imagine his opinion could mean a lot and the fact that he won't personally try to do anything makes it much less likely that it would happen.  But I don't know, maybe the head of HR takes it as a personal insult and demands something is done.

Have you spoken with HR? Your boss's opinions/intentions could mean jack. Ask HR directly to see the official termination policy and get a copy in writing as well as written (email) confirmation of anything else you discuss. I hope you are in a small company. My last behemoth of a company outsourced all its HR and the only way to talk to someone was through a call center. The menu options were entertaining. "Press two to terminate an employee."

BTW, be cautious about pissing off your current employer and avoid burning any bridges that you may need in the future. In my own case, I retired from my large company after 24 years. Being in NC, I only had to give 2 weeks notice but I gave them 5, not only because it meant 3 weeks' more pay/401(k) matching but so I could finish up critical work and train people how to do the stuff only I was skilled at. Maintaining professional links has proven very helpful. Some years ago, a direct report of mine gave his two weeks and went on vacation. I didn't know (yup, HR didn't tell me) until he got back. Needless to say that he burned not only the bridge with me but a larger circle of influential people in the industry.
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Online tggzzz

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Re: Work advice - Contract asks for 3 months of notice
« Reply #27 on: May 12, 2018, 05:08:09 pm »
BTW, be cautious about pissing off your current employer and avoid burning any bridges that you may need in the future. In my own case, I retired from my large company after 24 years. Being in NC, I only had to give 2 weeks notice but I gave them 5, not only because it meant 3 weeks' more pay/401(k) matching but so I could finish up critical work and train people how to do the stuff only I was skilled at. Maintaining professional links has proven very helpful. Some years ago, a direct report of mine gave his two weeks and went on vacation. I didn't know (yup, HR didn't tell me) until he got back. Needless to say that he burned not only the bridge with me but a larger circle of influential people in the industry.

Very true. It is a surprisingly small world. I've met people I know from industry in mountain huts at 10kft supplied by helicopter, and on Indian beaches :)

I was once working for a contract R&D house, so a 3 month (symmetric!) notice period was reasonable. During my notice period I was doing all my normal work, including interviewing candidates for the company. We trusted each other and the trust was reciprocated.
There are lies, damned lies, statistics - and ADC/DAC specs.
Glider pilot's aphorism: "there is no substitute for span". Retort: "There is a substitute: skill+imagination. But you can buy span".
Having fun doing more, with less
 

Offline Ice-Tea

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Re: Work advice - Contract asks for 3 months of notice
« Reply #28 on: May 13, 2018, 04:03:34 pm »
"Hi, I have decided to pursue other adventures. I'll be happy to stay around for a month, doing everything I can to make the transition as easy as possible. Or I can hang around for three months, drinking coffee, reading the paper and in general kill any postive vibe this place still has.

Your call"


I've never met an employer that would keep a soon-to-beµex-employee against his will. It's just a stupid thing to do.

Offline hans

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Re: Work advice - Contract asks for 3 months of notice
« Reply #29 on: May 13, 2018, 04:25:06 pm »
Also as an employee, I can say it's not a healthy thing to keep on working when you've already resigned. Minimize the period between resigning and leaving the job. I've had this when I was made redundant, regrettably I didn't take all my holidays and kept working for a bit less than 2 months. My leave notice was contractually only 1 month, but I agreed to round it up instead of down..

For me it created an atmosphere where I knew the work I was doing was primarily in the benefit of my employer. The results and accomplishments I gained won't change when I would be rushing through work in the last 2 weeks.

I wanted to part on good terms, but that doesn't mean that the employer doesn't need to carry their responsibilities and risk they take to be an entrepreneur/running the business. Anyone that quits a job will create a gap in the companies organization; but in the end that gap shouldn't become your problem or work to fill.. rather try to look forward on other things as soon as possible.

In my view, ideally you would hand in your resignation letter, commit your last work to the repository, forward outstanding e-mails/issues to your supervisor and leave the building..

I can't comment on legal advice. I'm not in US, but I think experiences with regards to resignation is pretty universal considering EU and US culture has a lot in common.
 

Offline Ice-Tea

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Re: Work advice - Contract asks for 3 months of notice
« Reply #30 on: May 13, 2018, 06:26:04 pm »
That might be the case if you are layed of, but I have quit a few jobs for various reasons where I actually still liked the job and the people and I probably worked harder during my notice period than before.


Offline medical-nerd

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Re: Work advice - Contract asks for 3 months of notice
« Reply #31 on: May 14, 2018, 07:06:36 am »
Hiya

I'm in the UK. It is normal in my area of work to have a 3 month notice period and you are expected to work through the remaining time of your notice period. If you don't, or just leave without 3 months notice, then you can be reported to the national governing body and lose your license to practice completely screwing up the rest of your life. Also being in post for a few months means that you have implicitly accepted the contract whether you signed it or not.
I envy those of you that have more flexibility, especially in the US.

Cheers
'better to burn out than fade away'
 

Offline JohnnyMalaria

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Re: Work advice - Contract asks for 3 months of notice
« Reply #32 on: May 14, 2018, 02:34:29 pm »

I envy those of you that have more flexibility, especially in the US.


Unfortunately, it works against you, too. I worked in a department that was split between the UK, US and France. Over the years, there were 3 or 4 major corporate reorganizations (Operation Excellence they called it). Due to the differences in each country's employment laws, it was the US group that got hit the most followed by the UK. In a space of 3 years I had to reapply for my job 4 times. For the first few rounds, no-one in France was affected. Some years later the company tried to let some people go in France but talks with the government failed so the company decided to close the entire site. Someone painted a coffin in the director's parking space.
Tell me it can't be done and I'll do it. Or give it a damned good try.
 


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