When to give resignation notice

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VegasBH
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Joined: Sat Apr 23, 2016 3:34 pm

Re: When to give resignation notice

Post by VegasBH » Wed Aug 30, 2017 10:48 pm

So you know thers who have left have any left giving less then 90 days? Did they suffer anything as a result? I worked a job abd gave 90 days notice but it was a University and I knew I wouldn't be walked out. At the end of the day you have to take care of yourself.

VegasBH
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Re: When to give resignation notice

Post by VegasBH » Wed Aug 30, 2017 10:53 pm

So you know thers who have left have any left giving less then 90 days? Did they suffer anything as a result? I worked a job abd gave 90 days notice but it was a University and I knew I wouldn't be walked out. At the end of the day you have to take care of yourself.

j0nnyg1984
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Re: When to give resignation notice

Post by j0nnyg1984 » Thu Aug 31, 2017 12:33 am

staythecourse wrote:
Tue Aug 29, 2017 11:49 pm
Nearing_Destination wrote:
Tue Aug 29, 2017 9:54 pm
I'll echo the other responses- wait one month and then give the required three months notice. If they terminate you earlier, then seek an attorney and file grievance with labor/personnel board (those that can affect licensing may have the most impact).
Give the 3 month notice. If they terminate you earlier it is NOT illegal. They just have to pay you for the 3 month notice period. If they don't then it is illegal. If that does occur no need to pay an attorney. Just notify your state labor board. A call from them is usually enough to get employers to do the legal thing.

Good luck.
You absolutely cannot blindly use this as a blanket statement. In Texas, I've found out the hard way that the employer does NOT have to pay the employee for those weeks.

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8foot7
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Re: When to give resignation notice

Post by 8foot7 » Thu Aug 31, 2017 7:19 am

Did you have a copy of the employee handbook where this notice is required before you accepted the position?

Jags4186
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Re: When to give resignation notice

Post by Jags4186 » Thu Aug 31, 2017 7:42 am

OP, are you an at-will employee? If you are then you don't need to give 3 months notice regardless of what's in the handbook. "Policies" in the handbook are simply there to protect the employer and if one of their "policies" all of a sudden is negative to them, they can change it. I see no reason why you can't as well.

You could double check with an employment lawyer, the $300 for the consultation probably would be worth it in this case.

staythecourse
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Re: When to give resignation notice

Post by staythecourse » Thu Aug 31, 2017 4:59 pm

j0nnyg1984 wrote:
Thu Aug 31, 2017 12:33 am
staythecourse wrote:
Tue Aug 29, 2017 11:49 pm
Nearing_Destination wrote:
Tue Aug 29, 2017 9:54 pm
I'll echo the other responses- wait one month and then give the required three months notice. If they terminate you earlier, then seek an attorney and file grievance with labor/personnel board (those that can affect licensing may have the most impact).
Give the 3 month notice. If they terminate you earlier it is NOT illegal. They just have to pay you for the 3 month notice period. If they don't then it is illegal. If that does occur no need to pay an attorney. Just notify your state labor board. A call from them is usually enough to get employers to do the legal thing.

Good luck.
You absolutely cannot blindly use this as a blanket statement. In Texas, I've found out the hard way that the employer does NOT have to pay the employee for those weeks.
Can you elaborate on your situation.

If your contract states notice period for employee and employer it would be a breach of contract if they fired you immediately after you giving 2 week notice. If your contract states employee give 2 week notice and nothing about them giving notice then it is more then acceptable they fire you on the spot. America is an AT WILL country so either party can leave for whatever reason unless the contract spells it out different. If you had an employer notice period then you have a breach of contract as they did not follow the contract. LIkely that would constitute a material breach. That might not mean anything or mean everything based on what other postermination stipulations you contract has, i.e. restrictive covenant, solicitation, etc... The employer if they are required to give notice can just have you sit at home and pay you for that time period if they are worried about security and/ or you being disruptive in the workplace as you exit.

I should have been more clear. I assumed the OP had a notice period the SAME as the employer. My bad.

Good luck.
"The stock market [fluctuation], therefore, is noise. A giant distraction from the business of investing.” | -Jack Bogle

jinx
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Re: When to give resignation notice

Post by jinx » Fri Sep 01, 2017 4:41 pm

Thanks again for the advice. Here is a little update...

- I spoke with HR anonymously and they stated the vesting time period does not stop when the resignation notice is given and continues until the employee leaves.
- Staying until vested and leaving with only a few weeks notice is not really an option for me. My current employer is a large university hospital and my specialty is a "small world". I will likely be interacting with my colleagues in the future. Not giving the required notice would black-ball me professionally. I think my future employer would also frown upon it.
- I spoke with an attorney friend and they said the employer could let me go as soon as I give notice. Although this has never happened at my institution as far as I am aware.

I think my only option is to give the 3 months notice and work two weeks past the vested date. Hopefully, doing the right thing will work out in the end. Will keep you updated.

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dm200
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Re: When to give resignation notice

Post by dm200 » Fri Sep 01, 2017 6:20 pm

jinx wrote:
Fri Sep 01, 2017 4:41 pm
Thanks again for the advice. Here is a little update...
- I spoke with HR anonymously and they stated the vesting time period does not stop when the resignation notice is given and continues until the employee leaves.
- Staying until vested and leaving with only a few weeks notice is not really an option for me. My current employer is a large university hospital and my specialty is a "small world". I will likely be interacting with my colleagues in the future. Not giving the required notice would black-ball me professionally. I think my future employer would also frown upon it.
- I spoke with an attorney friend and they said the employer could let me go as soon as I give notice. Although this has never happened at my institution as far as I am aware.
I think my only option is to give the 3 months notice and work two weeks past the vested date. Hopefully, doing the right thing will work out in the end. Will keep you updated.
The circumstances you describe seem to make your risk very low of giving the 3 month notice. Many here (including me) have been in very competitive industries/businesses where going from one competitor to another is common.

Theseus
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Re: When to give resignation notice

Post by Theseus » Sun Sep 03, 2017 10:00 am

OP do you live in an employment at will state? I am in Virginia and it is employment at will. Our contract stated two weeks of notice. But I had one employee during an extremely critical stage of the project came into work Sunday night, left all his belonging and send an email with a resignation effective immediately due to pressure from the company that was hiring him. Caused major project issues for us. We did nothing despite employment contract states 2 weeks and proper transition. It would have been a huge distraction to go legal on him, and I doubt it would have held up in the Virginia courts. We just let it go.

Perhaps there is an HR professional on this forum that can shed a light here in terms of what it means to be employment at will in the event of such a company policy. May be it is just a deterrent but not enforceable.

TIAX
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Re: When to give resignation notice

Post by TIAX » Wed Sep 06, 2017 12:15 am

jinx wrote:
Wed Aug 30, 2017 6:36 pm
- Although not mentioned in my contract, the employee handbook notes 3 month resignation notice is required.
The employee handbook is not a contract and it doesn't sound like there will be any consequences if you give less notice.
Last edited by TIAX on Thu Sep 07, 2017 11:06 pm, edited 1 time in total.

investingdad
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Re: When to give resignation notice

Post by investingdad » Wed Sep 06, 2017 5:36 am

My Megacorp spent the last 12 months downsizing the organization and then announced internally they were finished.

Then the Engineering VP retired.

The replacement came in, decided he wanted to redo the engineering organization to look the way he wanted it to and...guess what? We're back to elimination positions...just like that.

Our company used to have low turnover and high employee loyalty. No more. That's been sacrificed for lower cost in the near term.

Do the minimum the contract requires and no more, the employer will do even less.

BV3273
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Re: When to give resignation notice

Post by BV3273 » Wed Sep 06, 2017 6:59 am

If it was me. I would wait until I'm fully vested then give my notice. I work in sales and have seen many reps give their notice only to be told tomorrow is your last day drop off your company owned equipment (car, phone, laptop, etc).

That being said you know your employer better than I do. How have they handled resignations in the recent past?

ERISA Stone
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Re: When to give resignation notice

Post by ERISA Stone » Wed Sep 06, 2017 7:57 am

What are the consequences to you if you don't give 3 months notice? I've had employers honor my notice, and I've had others who "walked me out the door" the moment I gave notice. I'm not concerned with the percentage of your portfolio we are discussing. If we are talking $45k, I would do what I need to do to protect those funds. Your employer would probably do the same.

As an employer I would be completely understanding if an employee did the same to me, regardless of what their contract with my firm says.

expat
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Re: When to give resignation notice

Post by expat » Wed Sep 06, 2017 10:51 am

The "right thing" to do is to give notice once you are vested.

jinx
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Joined: Fri Sep 04, 2015 10:43 am

Re: When to give resignation notice

Post by jinx » Thu Oct 12, 2017 10:22 am

Just wanted to give the group an update...

I gave my three months notice recently and will be working through mid January. I know giving the notice prior to my being vested was risky, but weighing the pros and cons, I think it was the right choice for MY situation. Delaying my new job was not an option and not giving the full 3 months notice would "black ball" me from my local network and would be frowned upon by my future employer. My career field truly is a small world. Thanks again for all the advice. Will provide an update if anything changes.

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