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  • FIRST POST
    • leighavfc
    • By leighavfc 2nd Oct 17, 9:51 PM
    • 183Posts
    • 125Thanks
    leighavfc
    Broken contract?
    • #1
    • 2nd Oct 17, 9:51 PM
    Broken contract? 2nd Oct 17 at 9:51 PM
    Hi all

    I have a really rubbish one for me personally to ask your advice about.

    Basically to cut a long story short, one of my best friends has worked for my family's company for the past 12 years. We were good friends long before working together, never had any issues with each other etc.

    Around about a month ago he went to my dad to tell him that he wanted to leave to help his dad start up his own company. Whilst shocked and gutted my dad understood why he wanted to leave and respected his decision. In turn my dad asked if he could work a 11 week notice period to enable us to replace him, as he was a very important member of the company. We are only a small company with 6 people max in at any one time, so you can imagine we are like a little family. He agreed and the following day brought his notice in to suit what was agreed the day before, i.e leave after 11 week notice period.

    On Sunday morning my dad received a text message from said person telling him he was signing himself off sick with stress because of everything going on... Now this absolutely amazed me as he has been his normal jokey self, ive known the lad most of my life, i know when something is up. Over the weekend he has been out doing various things with his missus, and was even drinking yesterday evening out somewhere. I also saw him at the tip not long after my dad phoned me to tell me what was going on, i was too angry too acknowledge him and pretended i didn't see him as we drove past. Imo there is nothing wrong and he just wants to get started with his dad quicker than he agreed to.

    My dad asked him to attend a meeting on Monday (today) to finalize stuff and get it all sorted, for him to hand keys to the factory over etc. He replied saying the doctor had told him to rest and he was not up to it, adamant that he wasn't up for coming in for a meeting. My dad then said to him well i think you ought to get this sorted and i will see you at 12pm tomorrow. He didnt show up at all, no contact nothing.

    I believe he has broken the terms of his contract, and although i just want to put a line under this and see the back of him and this, part of me thinks we should pursue to prove a point?

    The sad thing in all this is he hasn't said a word too me about it, and we are like brothers (so i thought).

    Thanks for reading if you got this far
    DEBT FREE AS OF 28/6/17
Page 3
    • bairn7
    • By bairn7 4th Oct 17, 1:07 PM
    • 433 Posts
    • 141 Thanks
    bairn7
    Sorry, am I the only one thinking why haven't you just spoken to him!? You are friends, pop by in a friendly capacity and find out what is going on!!
    • leighavfc
    • By leighavfc 4th Oct 17, 3:00 PM
    • 183 Posts
    • 125 Thanks
    leighavfc
    Sorry, am I the only one thinking why haven't you just spoken to him!? You are friends, pop by in a friendly capacity and find out what is going on!!
    Originally posted by bairn7
    Well officially he is "Stressed" so i really dont think this is a good idea really, im also not in the right frame of mind to talk to him as of yet really. Plus i was told earlier that 2 texts requesting a meeting is "Bordering on harrassment".and were being unreasonable too apparently
    .......
    My dad has tried to find out whats going on by arranging a meeting.

    He wasnt up to it and ignored us second time so i really dont see how else we can speak to him. Weve tried he ignored... speaks volumes to me...
    DEBT FREE AS OF 28/6/17
    • leighavfc
    • By leighavfc 4th Oct 17, 3:09 PM
    • 183 Posts
    • 125 Thanks
    leighavfc
    Apart from keys, which you now don't need back because you've changed the locks, what property does he have? Is it worth pursuing getting it back, or just let it go?
    Originally posted by Savvy_Sue
    A few tools, laptop, customer lists. So yes enough to want back in my opinion. Im sure he will pass it back, hes not a thief as far as i know.. but who knows, never expected this. although it will probably leave on doorstep job because he has been a coward so far...
    DEBT FREE AS OF 28/6/17
    • marliepanda
    • By marliepanda 4th Oct 17, 4:21 PM
    • 4,723 Posts
    • 9,513 Thanks
    marliepanda
    A few tools, laptop, customer lists. So yes enough to want back in my opinion. Im sure he will pass it back, hes not a thief as far as i know.. but who knows, never expected this. although it will probably leave on doorstep job because he has been a coward so far...
    Originally posted by leighavfc
    Unless his doctor has given him a 11 week sicknote (which is unlikely) then his sicknote doesn't cover his agreed notice. Therefore he doesn't have to give tools back as that would be telling you hes not coming back at all, when in fact what hes saying is 'currently' he is stressed and cannot work.

    Therefore no need to return tools.

    And honestly he's not being a coward, he's doing nothing wrong, you're overreacting massively (as you've already been told) and I probably wouldn't want to come and talk to you either, in his shoes.
    Survey Earnings 2017 - £163
    • gettingtheresometime
    • By gettingtheresometime 4th Oct 17, 6:16 PM
    • 2,859 Posts
    • 6,456 Thanks
    gettingtheresometime
    The point is had he not handed in his notice, would your dad have text him for a meeting?

    Yes the handing in of the notice changes things slightly but not a huge deal imo.

    Also what business is his dad going into ....would the customer lists be important to him?
    Lloyds OD / Natwest OD / PO CC / Wescott cleared thanks to the 1 debt v 100 day challenge


    Next on the list - the Argos Card!
    • leighavfc
    • By leighavfc 4th Oct 17, 7:23 PM
    • 183 Posts
    • 125 Thanks
    leighavfc
    Well no, he asked my dad for a meeting 3/4 weeks ago to let him know he wanted to leave, they verbally agreed 11 week notice. He returned next day with his official notice stating 11 weeks etc.

    I will also note during the meeting, my dad told him that if we can release him quicker we will do to obviously help him out, whilst needing to try and make the transition smooth. Again fully agreed and was happy for this to happen.

    My dad text him for a meeting to try and resolve it on monday and as amicably as we can. This after texting my dad sunday morning stating... and i quote directly "i cant do it anymore and cant come back, i need to think about ME from now on".

    Well as far as we know he wont need the customer lists, he may have got rid of them a while back but i dont know tbh. He definetly had some though is all i can say about that. He is supposedly doing electrics. The story is his dad was made redundant around May i think, and him, his dad and a old colleague are setting up on their own. Im pretty certain this is all true but again never say never.
    Last edited by leighavfc; 04-10-2017 at 7:48 PM.
    DEBT FREE AS OF 28/6/17
    • leighavfc
    • By leighavfc 4th Oct 17, 7:32 PM
    • 183 Posts
    • 125 Thanks
    leighavfc
    Unless his doctor has given him a 11 week sicknote (which is unlikely) then his sicknote doesn't cover his agreed notice. Therefore he doesn't have to give tools back as that would be telling you hes not coming back at all, when in fact what hes saying is 'currently' he is stressed and cannot work.

    Therefore no need to return tools.

    And honestly he's not being a coward, he's doing nothing wrong, you're overreacting massively (as you've already been told) and I probably wouldn't want to come and talk to you either, in his shoes.
    Originally posted by marliepanda
    Hi

    Please see direct quote in post to gettingtheresometime regarding not coming back at all.

    Well imo hes being a coward, we talk about everything.... woman troubles, life, football... anything you like. We havr also spoken about very deep and personal stuff. For example situations hes had to face in the past (wont mention what as thats not fair) also situations ive had like my brother having a rare form of leukaemia 5 years ago. He was like a rock for me back then. He wont even reply to 2 texts offering to sort it all with a meeting.

    This why i probably come across as raging mad, because im asking a million and one questions trying to find out why he couldnt have approached us like he normally would. Nothing..... and i mean nothing has changed since the day before his notice was handed in until now. I wear my heart on my sleeve and maybe that comes across the wrong way sometimes.
    DEBT FREE AS OF 28/6/17
    • leighavfc
    • By leighavfc 4th Oct 17, 8:13 PM
    • 183 Posts
    • 125 Thanks
    leighavfc
    Breaking News: hes coming in for a meeting tomorrow with my dad. Hopefully this will kill off all the questions etc. Credit to him for coming in and trying to sort this here and now.

    I will let you know how it goes and what the outcome is.

    He got in touch with my dad also, before we are "Bordering Harassment".
    Last edited by leighavfc; 04-10-2017 at 8:28 PM.
    DEBT FREE AS OF 28/6/17
    • bugslet
    • By bugslet 4th Oct 17, 8:29 PM
    • 5,546 Posts
    • 27,441 Thanks
    bugslet
    Have you sorted out what his contractual notice period is yet? That's potentially quite vital in how you progress things.
    • Masomnia
    • By Masomnia 4th Oct 17, 8:40 PM
    • 17,044 Posts
    • 37,593 Thanks
    Masomnia
    What exactly was agreed re the 11 weeks?
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • leighavfc
    • By leighavfc 4th Oct 17, 8:46 PM
    • 183 Posts
    • 125 Thanks
    leighavfc
    Have you sorted out what his contractual notice period is yet? That's potentially quite vital in how you progress things.
    Originally posted by bugslet
    Not as of yet, been in and out past couple of days, will sort this tomorrow and post. Hopefully though after the meeting tomorrow there will be no further action needed!

    Will be no drama's, my dad has said i will let him decide what he wants to do. We will make do without him from now on if he goes, its been hard and stressful past 3 days but we will cope whilst we find a replacement.
    DEBT FREE AS OF 28/6/17
    • Masomnia
    • By Masomnia 5th Oct 17, 12:16 AM
    • 17,044 Posts
    • 37,593 Thanks
    Masomnia
    Interesting, I didn't think he'd show up.

    I'd let the guy do the talking and see what his issues are that are stopping him from coming him into work and see how they can be resolved.

    In terms of a shorter notice period, I'd let him bring that up rather than your dad. He could try to use it against your dad.

    Oh, and take notes of the meeting.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • Comms69
    • By Comms69 5th Oct 17, 12:22 AM
    • 486 Posts
    • 357 Thanks
    Comms69
    Breaking News: hes coming in for a meeting tomorrow with my dad. Hopefully this will kill off all the questions etc. Credit to him for coming in and trying to sort this here and now.

    I will let you know how it goes and what the outcome is.

    He got in touch with my dad also, before we are "Bordering Harassment".
    Originally posted by leighavfc
    Well it is frankly- which is also bordering on a criminal offence
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