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Giving notice

Discussion in 'Termination: Firing & Resignation' started by Auro123, Apr 6, 2017.

  1. Auro123

    Auro123 Law Topic Starter New Member

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    Hi,

    I recently got an offer and accepted the offer on 30-Mar-2017 (via email) and gave them 24-April-2017 as the starting date. (Please note, the new company needs a start date to provide to HR in order to process the Letter of Employment, which I will receive by email in the week of 10-April-2017). The problem is I forgot/ didn't realize my current employment contract says I should be giving my current employer 3 weeks notice. I was not able to tell my current manager that I accepted a job offer elsewhere until today (6-Mar-2017). She didn't like the fact that I told her three (technically four) days late and so she feels this is a breach of contract and legal action can ensue if the business suffers loss due to me leaving. Please also note that the team is composed of several employees at my level or senior who can do the job equally well, but it would mean extra work load for them. This was the case many times when other employees left or was off for prolonged sick leaves and business was as usual because the rest of the team took on the responsibility as they are equally qualified to do so. Also you should know that the team is structured in such a way that if a member of the team does not show up, someone else would provide as a qualified backup, almost permanently if need be, and this would just mean to reshuffle the team's schedules. Anyways, I tried to ask the new company to move back the start date to 1-May-2017 (I can only join on the Mondays due to company policy and training standards) and they told me that it was not possible and my contract has already been put into HR and things would get complicated and chaotic if they were to change it. So it seems like I am unable to change the start date.

    So that's my situation. I want to know when does the notice period start in legal terms: for me did the notice period start on the 31-Mar-2017 or the day I accepted the offer or the day I told my current manager? What do you make of my situation? What should I do? I'm freaking out! Please any help would be much appreciated.

    Thank you!
     
  2. leslie82

    leslie82 Well-Known Member

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    What does the contract say at your current job about notifying of new employment? Does it state specifically when?

    I would have told my boss the day I accepted it. If you accepted on 30 March you should have told them that day. It's very inconsiderate to leave your employer in a lurch. Just because other people can do the same job you can doesn't mean a thing. You even said it will increase their workload.

    I would assume the three weeks notification started when you accepted the job and that appears to be 30 March. Did you even tell your boss you were looking for a new job?

    Also you need to look at a calendar. Today is April 6. Not March 6.
     
  3. army judge

    army judge Super Moderator

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    You're in Canada, but my answer is founded in basic US law.

    The law in the USA takes no interest in when you quit a job, or start a new job.

    If, however, you are bound by an employment contract with your current employer that requires you to provide 30 days notice to terminate your employment, that is what should guide you.

    That said, it doesn't bind you in a physical sense.

    Translation, you could quit without notice, risking the fact that your current employer MIGHT sue you.

    Generally speaking, most employers probably wouldn't care unless you were a high level "C" employee, or a scientific genius of sorts.

    In your case, for example, your supervisor seems to care.

    Have you asked HR, a manager, or an executive if they care?

    Legally, a US citizen isn't bound by law to stay with an employer.
    Indentured servitude, and its sibling slavery, have been outlawed in the USA for almost 150 years.

    If you believe the contract does apply to you, people do get ill.
    People have family emergencies that require their full time attention.
    People are sometimes required to dedicate 100% of their time to care for an ailing parent, spouse, etc...

    Where there is a will, one can always find a way.

    People are very clever, when they wish to be.
     
  4. leslie82

    leslie82 Well-Known Member

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    (I totally missed the location...)
     
  5. txls

    txls Well-Known Member

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    This is just my opinion for whatever it is worth but I wouldn't expect much to happen over 3 or 4 days less notice than required.Play nice and work hard for the time remaining there. The notice to your current employer happened when you told them, not when you received the other offer.
     
  6. cbg

    cbg Super Moderator

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    Just a word - Canadian employment law is in some ways very different from US employment law.
     

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