Career Problems

Hey guys I am having some trouble with my job at the moment and was wondering if ye would have some advice for me.

I was working in a career sector I disliked, so I returned to college to do a masters. When I graduated my masters I was mislead into a job that I believed was in my new chosen career sector. While we were being trained the job seemed promising and was what I wanted.

I have now realised that the core business is in fact in the sector I wished to exit and I am stuck back doing the job I hated. I was seriously misled by the company during recruitment and training! (Even my job title is 100% unrelated to my job) Seriously annoyed about this, and they are still misleading people into their offices, ruining career prospects. I wish I could stop them however that's a different issue.

Anyway the notice period on my contract is very long so even if I get offered a new job I don't think a new company would wait for my notice period to finish. This gives me a big dillema! I interviewed recently and got a call asking if I was still interested in the job. No offers had been made as they need to be signed off by management. This makes me think I am in the running for an offering.

I very much dislike the company I am working for and how they do business, I dislike everything about the company. The job I may be offered is EXACTLY what I want and where I want to be. I know this due to the company it is with!

If I do get offered the job and I am told they will expect me to start in 1 month this is less than my notice period, and knowing the company I work for they will want me to finish it out.

They stipulate in the contract I can be sued for training and an additional xxxx amount if I finish early before my signed contract. This is when I follow my notice period rules.

Do people have any advice on what may happen if I tell them I am leaving in 3 weeks time? Can they sue me for more than the xxxx amount stated due to me breaking my notice period. They can not physically force me to stay so I can just walk out, if I am offered the new job. I want to be fair about it and do it the right way with my current company but I know it wont happen that way with them. But I don't see why I should let the opportunity for my career (life) go because a company I despise working for wont let me.

I would hand in my notice already if the economy was not so bad and I had a chance of getting another job. Every time I think about it, this company gets me sooo frustrated! Damaging so many peoples careers!!!

Thanks very much for any advice as it will be appreciated.

Do you have any holiday owing to you? If you do, you can use it as part of your notice period. How long is your notice?

If say notice is 8 weeks and your new company wants you in a month then you can use a couple of weeks holiday allowance and perhaps negotiate a couple of extra weeks with new company.

Lots of things are negotiable, so go for the job and don't stress too much until you get a firm offer.

Then negotiate with your current employer. Why would an employer want to keep you around for a long notice period? You don't want to be there, and won't be that productive, so they will probably want you out of the door.

Training costs etc are trickier. Read through your contract carefully and get a proper estimate of what training costs the company might claim. They may deduct these from your wages, but really they are unlikely to sue you due to the cost and hassle.

Try to leave on good terms, it makes negotiation easier all round.

Thanks for the reply.

To be honest I am not too bothered about my training costs or the amount asked for in the contract for quitting. In my opinion paying back the money they "THINK" their training is worth would not be an issue for me. If it means I get into the job I want and would keep for years its just a small price to pay. (If they were to really follow me for it)

The reason I would not be let go I think, is they would need me to train a new employee to take my job. Just because they can, as in me going would not cause a loss of a contract or anything on my team there are a few people who could cover me untill a new person is trained up. My notice period is 3 months. I don't have any holidays worth negotiating with. Very true though I hope they want me out the door

I am wondering what would be the consequences of walking out if negations brake down and it comes to that. Like I said there is no way I believe I could let the opportunity go if I get a firm offer. I know this is all "what if" at the moment but I am 95% sure an offer is coming. I also didn't say originally what my notice period was as I may not be considered for the job then.

Talk to them, leave clear handover instructions if your replacement is not in place, and if he/she is in place already, do a good handover. They will have no interest in paying you for longer than they need to.

I have never heard of a case where an employer has insisted on the whole notice being worked.

I would also imagine that unless an actual figure of training costs is stipulated in the contract it will be difficult for them to chase you for any amount of money. Certainly the legal costs and effort for them to do so will probably outweigh any monetary gain.

I would get the offer in writing first. Once offered inform your new employer you will be leaving/starting a new job. Ask them if they would be agreeable to one months notice.

If they are- happy days. As above, most companies will appreciate the professional approach. If they aren't then just leave anyway.

From my experience- a lot of companies do not hold their employees to their required notice period- unless they are trying to prevent them moving to a competitor in a similar field. However in most cases if this is the case they will put them on garden leave.

you could also argue that the job you are doing is not the job you were offered or trained for.

To be honest I wouldnt worry about the notice period. If you are that unhappy in your job and you get offered one you are sure you want then just go for it- irrespective of what your current emplyer says

Thanks for the advice people. I do want to be professional and hand over responsibility as I should. I just feel put out by my current employer advertising their job and it is actually nothing like advertised. I am hoping they are willing to negotiate also. I do think the 3 months is to stop you leaving the company they are trying to keep the incentive for you to stay with them. Just less than 15 people have quit this year so far. That's saying something.

employer has insisted on the whole notice and want to buy out holiday entitlement

Diziet said:

I have never heard of a case where an employer has insisted on the whole notice being worked.

Click to expand...

I have this situation right now.

I have a two month notice period.

Manager wants to buy out my pro-rated leave entitlement (probably ten days).

They're trying to use the bully and bluster approach but I really need the holidays, following a tough period last year health wise, and no holidays this year.

I want to go into the new job fresh.

It's over a week since I handed in notice and they still haven't come back saying I'm entitled to leave on x date, despite the fact I refused point blank to waive the leave entitlement.

Any ideas whether they have any rights to deny me holiday entitlement???

Thanks in advance.
Gearoid

They can deny your holiday entitlement! I am having this done to me at the moment and under a 2 month notice period like yourself

Give NERA a call: [broken link removed] they will clarify your rights.