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What happens if I don't fulfill my notice period
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# 1
splutterbug
Old 27-10-2010, 2:01 PM
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Default What happens if I don't fulfill my notice period

I don't have a new job yet but I've had a few interviews and everyone seems very surprised that my current contract has a three month notice period. I obviously don't expect a new employer to wait this long for me and will try and negotiate it shorter if I leave but I just wondered what's the worst that could happen if I give say six weeks notice and does 3 months sound like a crazy contract I couldn't be held to?
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# 2
Gertie Walker
Old 27-10-2010, 2:08 PM
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If you did not work your 3 mths notice, this would be regarded as wrongful termination on your part. (Imagine of the boot was on the other foot.) Your employer has the right to claim damages and presumably you are on 3 mths notice as you are a valuable employee. Does your contract provide for your employer to deduct money from your final salary payment to cover the number of days that you are short on your contract? if not, then they cannot do this. In any case, an employer would need to show that they had actually suffered a loss by your early departure.
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# 3
SarEl
Old 27-10-2010, 2:13 PM
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Or - they could write to your new employer threatening to sue them for inducement to breach of contract, which will result in your being dismissed more than likely! Your notice is your notice. If your employers ends you contract I assume you will be expecting them to honour it - not decide that it's a bit too long and you should only get 6 weeks instead. Any new employer will udnerstand that people have obligatioons which they must fulfill - if they are ready to encourage you to break those, what does it say about what they will be prepared to do?
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# 4
pinkshoes
Old 27-10-2010, 2:49 PM
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Most "professional" jobs/careers seem to have a 3 month notice period, so most companies will respect this. The best answer in an interview is to state that you will do your best to come to a compromise with your current employer to reduce this notice period.

I managed to reduce mine from 3 months to 8 weeks, which involved some overtime and making sure everything was handed over properly.
It's a shame when the right to freedom of speech is not honoured...
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# 5
beckysbobbles
Old 28-10-2010, 2:07 PM
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I'd try not to fret as some companies may offer to reduce your notice period.

I was put on garden leave last year before I started my new role and since working at my new company people have left with working less than on contract notice period.
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# 6
splutterbug
Old 03-11-2010, 7:26 AM
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Thanks for the advice guys
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