Hi there, I am looking for an experience reseigner(s) for advices.Here is my situation, I just had a phone call and they told me that I got the job. I expect to receive the contract on Friday or Monday and resign straight away. Up to here everything is fine.The problem is, I am urgently needed somewhere else to sort out a mess… So can I just leave my employer like this on the day I give my resignation without respecting my notice (4 weeks)? or can I use all my remaining holidays, approx 15 days; I am quite sure I am entitled to some holidays but how many exactly? If I leave straight away, what’s the worst that can happen? Can they sue me for breach of contract? Contact my new employer? I don’t knowMoney-wise I can handle not being paid for one month. Thanks in advance. Caron

As a headhunter I obviously encounter this dilemma more often than most. If you leave without completing your notice (unless your employer releases you) you will be in breach of contract and they may or may not take action against you. The more important thing here is that you need to maintain a level of professionalism - your new employer would expect the same. Resign on receipt of the written contract and speak to your line manager to see whether you can negotiate an early release from your notice period. Failing that complete your notice period as specified.They cannot contact your new employer, but if your offer is dependent on references (which may not have been taken up, and dont have to be taken up before you start) this may well impact your offer or prospects within your new firm.

Phone and explain the siutation.

Caron - Mars a Day has just written pretty much word for word what I was about to say. Consulting is a surprisingly small world and you have to assume that colleagues from your current employer will turn up at your client organisations, at consulting firms you may wish to join in the future, as hirers of ex-consultants in positions of power in industry (should you decide one day to leave the sector)... or indeed as fellow colleagues at your new place of employment.For all the reasons above you would want to leave in a manner that is professional and reasonable. You would also want to feel comfortable that if your new employers ever found out the manner in which you chose to leave this last firm, the storyline would reflect positively on you rather than being something that would tarnish you in your new role.So as Mars a Day suggests, by all means try to negotiate staying for less than your required notice-period, but you should assume that you will need to stick around during this time unless you can negotiate something more favourable.On a related point, any consultant in permanent employment is going to be on at least a 1 month notice period and quite possibly a 3 month notice period - so if your new employers have to wait for you for a month, this is the minimum they'd expect to have had to wait for anyone they might have offered the position to.Good luck with the move in any case and hope this helpsTony RestellTop-Consultant.com

Thanks for your answer, I wasn't keen on leaving them like that anyway but can I take my remaining holidays during the notice period?

Hi, I agree with all the advice that you have been given. Consultancy is a small world and people get to know all the good and bad things about you and will pass this onto clients and competitors, so never burn your bridges as you never know when you will need help from your old company/ colleagues.Remember if you move again you may need a reference from them :)Good luck

Whether you can take your holiday in the notice period may be subject to a condition that you take holiday as and when it does not compromise the needs of the business, in which case (judging from the scenario you describe) your current employer is likely to say no you cannot.But the key point both Tony and I have made is that you need to honour the needs of the business - taking holiday, even where it is an entitlement, in your notice period in the circumstances i.e. you are needed by the business to complete a project, is at best selfish and at worst irresponsible. Your leaving settlement will likely include payment in lieu of holidays due anyway. If you want your future employer to treat you like a professional behave like one, complete the notice you are required to do, and move on with a clear conscience (and an unmarked track record).

Note that even if you can take holiday, you're unlikely to be allowed to work for your new employer during that time. Most employment contracts I've seen prohibit the employee holding a second job without the formal written permission of the primary employer.

I would suggest that you tough it out and stay in order to complete the project. Years later you may regret the lack of diplomacy...

Surely when you were offerred the position the firm would've asked about your notice period?Phone up the new firm and tell them that you are obliged to carry out your notice period if your present firm wants you to. If they offerred you a position then they want you; they will be willing to wait a month for you to finish amicably with your present employer!

Thanks for your advices so far. I would just like to shift the topic slightly...I gave my resignation and, being a novice in this field, jumped almost unprepared in the exit meeting (note to other novice: you must always be prepared before an exit meeting, you will avoid making a fool of yourself!). After explaining the reasons why I wanted to leave and which I thought were good, my manager, as a typical salesman (although he is not), just knock them all down one after the other.Putting my pride and self esteem apart, I must admin I tend to be a little soft hearted (i.e. would believe everything the last person I talked to told me) but he gave me some pretty good reasons to stay in terms of salary, changes in my existing job, better location, etc).I also know words are cheap… damn, that's confusing!Any suggestions?

Whenever I have left (a consulting) job, I've been put on gardening leave for the whole of my notice period, with the caveat that I may be needed to help on a project at short notice. My old employer didn't want me demob happy around clients, neither did they want to pay me off.

CaronThe science of the counter-offer and exit(read retention) interview: If the reasons for wanting to leave are quantitative (e.g. money) they can be secured at this stage and enshrined in writing - an increase in salary or benefits is an absolute condition which the employer would then have to meet. Get it in writing before declining another offer. If the reason is qualitative, be careful - it's too easy for your employer to promise change of role, increase in (disrectionary) bonus etc. These are promises they have no obligation to keep, and as they are open to interpretation as to whether they have been kept, even having something in writing is essentially useless.If your employer has declined to address whatever issues have led you to want to leave, and then address them only when you have another offer, you have to question whether or not they value you enough. Too many people are caught in the counter offer, only to be removed 6 months later when a replacement is secured - the loyalty is gone, and you will never be viewed the same again by your line managers. When you enter an exit meeting come out of it with an amicable exit and GO.

One thing I was always told to bare in mind: Don't stand on heads on your way up, you may need them to break your fall on the way down.

Well put anon.

Regarding the counter offer scenario and almost being made to feel guilty for "daring" to leave you should always use the retort (politely, and always include the opening line of...with all due respect)...if you don't want to lose me and am already held in high regards etc why am I not already being paid the sum you have just suggested?Having moved jobs in my time once you have done the deal, shaken hands with the new employer, you're on your way, buybacks are never forgotten!