# Looking for advice on leaving job and 9 weeks waiting period with S.W.



## joska (21 Mar 2012)

Hey,


I handed in my notice and next Friday will be my last day at work. I am aware of that I am not entitled to any SW payments for 9 weeks as I quit my job. But I was told that if I had a reason to quit there is a chance that these 9 weeks could be shortened or even cancelled. I know that it has to be a really serious reason and I am wondering if my reason will be good enough.

From the beginning:
When I started with this company I was Customer Care Executive - which (in 99%) is a complaints line: people are rude, abusive, they're threatening me, they're racists (I am non Irish). I reported this several times to my boss - but nothing had changed. 

I had several conversations with my boss - with no results. He was only saying that he will end with this service so I can start doing something else in the company.

When I handed in my notice first time (2 years ago) - he asked me to stay, promoted me to Office Administrator and confirmed to me that this service will end soon and ask to be patient. What I did but he did nothing (his excuse was - "but you were promoted").

Then I got pregnant and I asked if I can stop doing this as I ended with tears couple of times - he told me to do not care what people are saying. I really could not stand these types of calls anymore. When I was 7th month pregnant my husband made me to go to GP and to ask for Sick Leave - which I did.

During my maternity leave I found out that customer care has been moved to our office based in the UK. So I started hoping that something will change on my return. One month before my return to work I was told that UK doesn’t want to do this anymore as they are really fed up with this. So I asked how he can think that I can manage this by my own when few people in other place can't stand this after few months? He replied that I am strong woman, I can manage this... and "someone has to do this". Again I said that I am going to leave then. He told me that he did everything what he could to change my situation. To be honest - for me it was nothing. 

I rang NERA and Citizen Information, I have spoken with advisor officer - they told me to talk to my boss, explain the situation, try to work this out with him (which I think, I tried for last two years). I told him that I don't mind doing customer care job - I am looking for someone to "take care" with these abusive people. I know that company can open a case in a court, sent a legal letter etc - but nothing had been done. To be honest I stopped reporting this to him long time ago as he was joking or saying "leave it with me" and nothing was done. Ok. Once he rang to one lady, told her that this behaviour won't be accepted and asks her to apologize to me. She rang me and said "I would like to say sorry. But you're still ...... .....!

I tried don't mind what are they saying and do my job.  Type of calls was because of nature of the services we had. Everything was legal, services approved by regulator - It wasn't my fault at all - I was only doing my job.

Of course beside this I had my other duties - which were fine and I was happy to work for the company as an office admin, but I didn't want to be abused anymore by people who are calling our help line. 

And one more thing - I never got contract sign. I asked my boss several times, I had copy of emails asking for the contract, I didn't count how many times I asked verbally - but he always was "busy". 2 months ago I wrote an official email asking for contract, saying that he is obliged to give it to me by law - he sent it across, asked to sign - what I did - contract is still in his drawer and I didn't get my copy. I am not going to ask him again.

My question is - if no having a contract and customer care issue can be this serious reason for leaving? I know that I have to prove what was the nature of calls etc, but I don't have access to recordings and - by company policy - I am not allowed to copy or show to anybody any emails etc (I have some in my inbox where for example people have been writing that they will be waiting for me outside the office to "show" me the justice, and today’s email from one of the customer care agents that someone "would love to ring her neck"). How can I prove that then? I really don't want to go to court - as I can't afford this. I just would like to prove SW why I left my job and reason wasn't trivial. I was doing this for the last 4 years. 

I am looking for a job since January (at the moment not "any" job but job which I would like to do), I have all emails to prove that I applied for a job, letters from agencies, I started ECDL course by my own. I never was on any social welfare payment.

Do you have any advice? Anyone of you had similar situation? I would appreciate any help... 

Thanks


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## sean.c (22 Mar 2012)

It sounds like you enjoy the OTHER parts of your job, not related to customer services.  Sounds also like your boss is majorly taking advantage of you.

If you want to keep your job, but not do the customer-service bit, my advice would be to join a union.  They will be able to help you sort out all these issues - including the contract.  They should be able to send a rep with you to any future meetings with your boss, which will force him to step up to his responsibilities.

If you want to leave your job, do not hand in notice.  Go to your GP and see if you can get stress-induced medical leave.  You may qualify for illness benefit rather than unemployment benefit.

Do not resign for the following reasons;
a) you will have to wait for unemployment benefit
b) the burden of proof for any unfair dismissal process will be on you (i.e. you will have to prove constructive dismissal)

If you can obtain medical leave, well and good.  If not, join the union and start the process.  They can advise you on whether you should leave your job or whatever.


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## joska (22 Mar 2012)

Hi Sean, Thank you for the advice. But I have already handed in my notice. I was really fed up talking with him and looking for my rights. When I was looking for an advice in NERA they told me to try to cooperate and talk to him - which I did. I think he knew that I got a legal advice on this but - as far I can see he don't care. 

When I handed my notice he told me how much he is disappointed in me and I am leaving him in difficult situation. He asked me do I know how hard is to get a good employee in these times and how hard my financial situation will be after my leave. I got really angry then as he tried to feel me guilty. He gave me one week to change my mind. 
But I know that nothing would change in the future. 

Regarding 





> stress-induced medical leave


 I was thinking about that but I didn't want to do this as I didn't want a blank space in my CV for that reason. I think it won't look good in further employer eyes. And I could not look for a new job during sick leave. 

It wasn't an easy decisions to quit a job but it's done. I just would like to find out if someone was lucky and that 9 weeks was skipped for him. I am preparing for the visit in social welfare next Monday when I get my P45 and I am looking for the right words, arguments etc. I heard that sometimes it's opt to social welfare officer to make a decisions. As I said I won't be able to prove nature of calls or emails as per company policy.  I am just afraid that if I make some copies to prove my point in SW and my boss will find out he can sue me for showing company private stuff to the public.

I think it's not right to have this kind of "punishment" - I am working, I would like to find job asap as I am not the "sofa" person. I would be happy to have even 2-3 days a week. And I think I am not the only one here in similar situation...

Also I was told by FAS that until I won't get SW payment I can;t apply for Job Schemes such as Work Experience, Work Placement etc. That's stupid because 90% of job offers are Schemes offers - and I would like to do this to gain more experience in some areas - but I can't do for the next 9 weeks. 

This is all about getting Job Seeker Allowance. How about Job Seeker Benefit? Do I have any chance to get this?


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## sean.c (22 Mar 2012)

By leaving your job voluntarily you are cutting off a lot of options and making life harder for yourself.  You will not be viewed with sympathy by the Social Welfare.

However, if you can show reasonable cause, you will be able to cancel the 9-week waiting period.  Bring emails, letters, etc. etc. to the deciding officer.

You should be eligible for Jobseekers Benefit if you have been working for the last few years.  

If you do get hit wth a 9-week waiting period, get yourself down to the local HSE office and speak to the Community Welfare officer.

However, my *strong* advice is to withdraw your notice, join the union, and get sick leave.

As for gaps in your CV, with the amount of unemployment around right now, are you seriously worried that some future employer might hold that against you?  I have 3 gaps in my CV in the last 3 years and it's never been a problem.


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## joska (22 Mar 2012)

Thank you Sean. 

I know that my resignation won't look good in SW eyes. I can't withdrawn my notice. And I don't want to work with him anymore. I think this is my right as an employee. Also if I will go on a sick leave this will close other possibilities: I can't look for a job (which I would like to change), I can't do nothing except seating at home.

I am working since 2006 with one month break in 2007 when I left my previous job. Should be this enough to qualify for job seeker benefit?

Regarding emails - yes I have these regarding my contract (asking for a copy) but I am not sure if I can show copies of emails from customers? Its a part of company correspondence. What do you think - can I take couple of them to SW as an example?


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## michaelm (23 Mar 2012)

If you tell SW that the stress levels in your job were detrimental to your physical and mental health and you had no alternative but to leave, having previously been on sick leave for stress and anxiety . . they might shorten the waiting period, it's at their whim.


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## joska (26 Mar 2012)

Thank you for help and advice.


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## Time (26 Mar 2012)

Leave the job and claim illness benefit.


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## sean.c (27 Mar 2012)

There's nothing to stop you from looking for other work whilst on sick leave.


You can't WORK whilst on sick leave, but you can certainly look for  other jobs, as long as you inform the Social Welfare of the changed  circumstances once you find new employment.

But it's your right to quit if you want to, as you seem determined to do so.  However, I'm just pointing out that you can achieve the same result without quitting and suffering the resulting exclusion period (and gap in your CV, which you also seem to be worried about).


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## Time (27 Mar 2012)

The exclusion period would not apply if IB was claimed.


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## joska (3 Apr 2012)

I went to SW on Monday. I had a filled in JB form with me, cover letter with full explanation why I left my job, emails confirming that I am sending CV's, confirmation from FAS that I am attending ECDL on-line course. Lady from SW told me that everything looks fine for her and if I didn't left job "just like that", and as she can see that I can prove that I am actively looking for a job - there should be no 9 weeks "waiting" period. Of course I have to wait for the response for up to 3 weeks. so fingers crossed.


Edit: I received my JB today. I am happy twice - as I got job as freelance interpreter (probably will start with the beginning of May) and I am awaiting for a response regarding full time Admin position in my area (15min walk from my home!). In my opinion if you are honest and you are really looking for a job SW will look treat you this same.


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## statss (17 Apr 2012)

Yes honestly is the way to go.

I left a job voluntarily because of certain issues. When claiming JSB I showed copies of emails to job agencies where I had requested meetings & also had a doctors note staying I was fit and able to work after a period of illness brought about by the previous job. I didnt have to wait 9 weeks. I explained my position honestly (had never claimed before) and I reckon the deciding officer made a judgement call on me. I was back working within 2months but the grand or so I recieved in JSB while out of work was a lifesaver.


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