Resignation Notice

R

rtm85

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Hi All,

I have decided to start looking for another job, over the week I attended a 3 interviews and all companies said they would get back to me by this coming Friday if I was successful.

My problem is I was looking over at my current companies contract I signed and it said I need to give a months notice and that notice should be given on the first of the month before 11:00 am.

Here lies my problem If I am successful I will be giving my resignation letter after the first and I will be giving two weeks notice instead of a month.

What legal ramifications could this have for me if i want to leave after two weeks?

Additional Info:

I am in the advertising industry.
I have been at my current company exactly a year today.
I have no restraint of trade clause in my contract.
I do not mind if they do not pay me for the month.
I do not plan taking any of my current clients over to my potential new company.

Reason I am leaving is the environment has gotten toxic and I can longer handle it.

Any info on the matter would be great
 
In my mind the only thing you can do is negotiate (I'm sure one of our legal experts will jump in later and explain the potential consequences). Talk to your current company and explain you can only give 2 weeks notice, maybe they'll be accommodating and allow it (be sure to have proof of them allowing it so that it doesn't bite you later). Or, and this might be easier, chat to the new company and ask them for 2 weeks extra grace after explaining the situation...
 
Don't leave after 2 weeks, that's a year wasted without reference. If the new company wants you they'll be more than happy to wait 2 weeks longer. As the previous poster said discuss it with your current company rather than screwing them over. I'm sure you'll come to a reasonable agreement. Let us know what you ended up doing :)
 
You can't just give 2 weeks notice if your contract says you need to give 1 month's notice. But, you can come to a mutual agreement regarding notice period.

When you have the new offer, go to your current company and resign. Then discuss notice period. Ask them to agree to a reduction in notice period. It would help if you can point out that handover can be done quickly and there is no reason for them to pay you for 4 weeks if your handover can be done in 2 weeks.

However, if the environment is toxic like you say, I'd be surprised if they agree to it. People can be spiteful.
 
Yep, I'm with the rat on this one. If they really want you, they'll wait. Don't burn your bridges unnecessarily, things are about to be tight especially in the advertising industry due to the direction of the economy. You may have to come back in the future. You can negotiate to leave in 3 weeks.
 
Left 2 weeks into my 1 month's notice. I would've worked until the end because it was the right thing to do, but the UK consulate ****ed up my visa start date and I had to leave SA in a hurry.

Always do the right thing if you can - this may come back to haunt you if you don't.
 
Labour attorney here.

There will be no legal consequences if you do not tender notice as agreed in your contract of employment. Just check if your contract has a clause that states that the company may deduct an amount equal to the notice period not given from you final payout (pretty standard in contracts of employment these days). If not, your employer is without recourse.

Nevertheless, explain your situation to your current employer. As they say, don't burn down your bridges.
 
Why don't you post your real name so everyone knows who never to hire.
 
Why the urgent need to go against the grain and offer only two weeks?

Stick to the contract terms and you have no need to worry about the potential drama.
 
Don't you have leave due to you? Give a month's notice, the latter two weeks of which would be leave.
 
theratman said:
The dream. Most companies don't allow their employees to take leave during their notice period.
Click to expand...

I was quite lucky to get 10 days off towards the end of my notice month. I think it gave them time to assess my handover and then I came back for a few days to help with any possible issues and to hand over all my stuff - worked out well for all concerned.
 
If you are not adding value in your last month they usually let you go in less period. Speak to your boss and leave on amicable terms
 
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