# Company is going into liquidation after me  giving  notice leaving job



## 06NP (6 Mar 2012)

Hello eweryone! This is situation that im having now: 

I worked 5 years full time 

I give notice last week that im leaving my job

So i informed by writing my employer that i will work 2 last weeks and my employement gona end 10/03/12

Today 06/03/12 all remain staff got notice of the employer  in writing that companie is going to liquidation and they have redundancies packages ready.But not me 

This is an awkward situation wright now 

Can anybody tell me what i can do about it? I still have 3 days left till my P 45 will be handed to me. Thank you!!!!


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## Brendan Burgess (7 Mar 2012)

What is the issue?

You have left a job voluntarily.

You are not entitled to redundancy.  Nor it anyone  else who has left recently.

Brendan


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## bazermc (7 Mar 2012)

06NP said:


> Can anybody tell me what i can do about it? I still have 3 days left till my P 45 will be handed to me. Thank you!!!!


 
Absolutely nothing, you should still get your P45 when you finish.  Really bad timing though!


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## Joebloggs76 (2 Jun 2012)

sorry to dig up an old post. I am in a similar position to the op. 

I had told my direct superior I would be leaving soon but never gave written notice or even verbal to the management. we were told two days later the place was going bang and less than a week later it was gone. I was still working and available for work on the last day they were open

I was called in recently and signed my forms for the redundancy payments and was told how much I was getting. but have since been called by the company handling the liquidation and told that since I was leaving anyway im not going to receive any payment. 

am I in a position to dispute this? thanks


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## Brendan Burgess (2 Jun 2012)

Why dispute it? 

You quit the company. You were not made redundant.  

You have no moral or legal entitlement to redundancy. 

Brendan


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## PaddyBloggit (2 Jun 2012)

But he didn't quit Brendan.

He told management that he would be quitting but he never pursued it so surely he should be entitled to redundancy?


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## Joebloggs76 (2 Jun 2012)

never quit Brendan. I told my direct superior but not the management. we were told we were getting laid off before I had chance to do it. they must have heard through the grapevine but we never discussed it. and I was also called in to sign off on the payment forms. I think they are just trying to hold off hoping I wont follow it up


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## ang1170 (2 Jun 2012)

I'd stand your ground. There's a big difference between saying it is your intention to quit at some point in the future and actually resigning, whether verbally or in writing.


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## jhegarty (2 Jun 2012)

Does your contract allow you to give notice verbally ?


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## Brendan Burgess (2 Jun 2012)

Joebloggs76 said:


> I had told my direct superior I would be leaving soon but never gave written notice or even verbal to the management.



Telling your superior that you are leaving is quitting. Therefore you are not being made redundant. 

Brendan


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## Joebloggs76 (2 Jun 2012)

I would imagine saying im leaving soon isn't quitting unless I tell him a time. as in, im leaving on the 16th.


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## Dee101 (3 Jun 2012)

He didn't tender his resignation in writing which he is legally required to do  therefore surely it does not stand? He was still an employee when company went into liquidation and they even asked him to sign the redundancy forms. I would think you have a case but take some legal advice.


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## Joebloggs76 (3 Jun 2012)

cheers all. thats pretty much what I thought


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## ang1170 (3 Jun 2012)

Brendan Burgess said:


> Telling your superior that you are leaving is quitting. Therefore you are not being made redundant.
> 
> Brendan


 
How do you equate "I will be leaving soon" with "I am resigning"?

Unless the "soon" was specified, it's a pretty meaningless statement: it could be 10 days or 10 years time.


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## seantheman (3 Jun 2012)

Ah shur he's grand, it's only a few euro,doesn't he deserve it after all dem years!!
That's the problem here,it's cultural,we're always on the side of the one who is trying to pull a stroke.The one who is signing on and working,the one who does a cash job.
If the company had gone into liquidation in a months time,this guy would be gone with no pay off.It's a moral question here,the OP knows he's doing wrong but it's still surprising how many side with him.This guy is robbing us,same as the dole cheat and yes,before i get the flak about Seanie and Fingers they should all have to pay back. Until we regard this type of behaviour as theft,then we're going nowhere


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## mandelbrot (3 Jun 2012)

seantheman said:


> Ah shur he's grand, it's only a few euro,doesn't he deserve it after all dem years!!
> That's the problem here,it's cultural,we're always on the side of the one who is trying to pull a stroke.The one who is signing on and working,the one who does a cash job.
> If the company had gone into liquidation *in a months time*,this guy would be gone with no pay off.It's a moral question here,the OP knows he's doing wrong but it's still surprising how many side with him.This guy is robbing us,same as the dole cheat and yes,before i get the flak about Seanie and Fingers they should all have to pay back. Until we regard this type of behaviour as theft,then we're going nowhere



I agree with you about the wonderfully hypocritical Irish culture of the "small guy" pulling a stroke being acceptable (indeed I witness and deal with it every day in my work), but how do you know that the emboldened part above is correct, or are you just hypothesising?

Suggesting in a conversation to your immediate superior that you intend to give in your notice in the near future is not the same thing morally, legally or any other way you like, as _*actually*_ handing in your notice. That is a fact. 

Since we're now talking hypothetically, the OP _*(edit: Joe Bloggs 76)*_ could well have changed his mind subsequent to suggesting his intention to leave, and decided to stick it out for another 3 months, 6 months, 12 months etc... In your opinion how long would he have to be intending on staying, before it would be morally OK for him to feel entitled to the statutory redundancy to which he is clearly legally entitled??


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## PaddyBloggit (3 Jun 2012)

I still think that _*Joe Bloggs 76*_ should be entitled to his redundancy.

He never followed up on his intention to quit. He carried on working as normal.


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## seantheman (3 Jun 2012)

Joebloggs76 said:


> I told my direct superior but not the management. we were told we were getting laid off *before I had chance* *to do it*.


 
His intentions are pretty clear here



mandelbrot said:


> how do you know that the emboldened part above is correct, or are you just hypothesising?


 
Yeah just that. Could have picked two months six months




mandelbrot said:


> Since we're now talking hypothetically, the OP _*(edit: Joe Bloggs 76)*_ could well have changed his mind subsequent to suggesting his intention to leave, and decided to stick it out for another 3 months, 6 months, 12 months etc... In your opinion how long would he have to be intending on staying, before it would be morally OK for him to feel entitled to the statutory redundancy to which he is clearly legally entitled??


 
Can't see in any of his posts where he changed his mind and informed his supervisor


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## mandelbrot (4 Jun 2012)

seantheman said:


> His intentions are pretty clear here


The only intention he indicated was that he intended to give them his notice. No different than telling your line manager, "I'm taking next Tuesday week off because I've got an interview for another job - if I'm offered it, I'll be taking it" - that's not handing in your notice, but it demonstrates a clear intention that you're going to be leaving at some point in the not too distant future. Some employers would appreciate this type of honesty, as it will allow them to consider what they'll do when you leave. Such statements / suggestions are also used by employees trying to negotiate a better contract for themselves. But it doesn't mean they can infer something additional from such a statement of intent. 



seantheman said:


> Can't see in any of his posts where he changed his mind and informed his supervisor


Again there was nothing for him to inform his supervisor of; he had stated that his intention was that he would be handing in his notice at some time in the near future; his employment was terminated prior to him handing in his notice, therefore he's entitled to statutory redundancy. Legally, he's certainly entitled to redundancy.

If you have a moral issue with his entitlement, that equates to saying no-one who is unhappy in a job (and actively applying for other jobs or planning their next move) should be entitled to it, due to their bad faith...


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## seantheman (4 Jun 2012)

mandelbrot said:


> If you have a moral issue with his entitlement, that equates to saying no-one who is unhappy in a job (and actively applying for other jobs or planning their next move) should be entitled to it, due to their bad faith...


 
Someone being unhappy in their job IMO is a totally different situation.
      I guess we will have to agree to differ on this one


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