Timeline for Boss asked me to sign a resignation paper without a date on it along with my new contract
Current License: CC BY-SA 4.0
16 events
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| Jun 16, 2020 at 10:59 | history | edited | CommunityBot |
Commonmark migration
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| Feb 25, 2019 at 20:49 | comment | added | Doktor J | It sounds like the manager is trying to sidestep the contract. To me at least, it sounds like the others want to renew the contract, and the boilerplate contract doesn't stipulate any sort of "at will" employment or other means for the manager to directly terminate darnok, so the manager is using the contract as bait to get him(?) to sign an undated resignation letter that the manager can hold onto for whatever nefarious purposes. Don't sign, GTFO ASAP, and notify the relevant labor authorities on your way out. | |
| Feb 21, 2019 at 18:41 | comment | added | Ister | @user87779, not to my knowledge. Anyway, reading labour laws applicable to you should be one of the first things to do after entering job market. Oh, also backdating and requesting money would be questionable. Again in my jurisdiction (which is one of EU countries) if the employer pays you out (and in general allows you to work) it essentially means they accepted you being an employee even if there is no written contract. With all binding conditions. | |
| Feb 21, 2019 at 18:39 | comment | added | user87779 | @Ister very good to know, thanks. No sure if that also goes for the US, where I am. I should probably know that haha | |
| Feb 21, 2019 at 18:32 | comment | added | Ister | @user87779 I can't speak about all countries within Europe, but definitely there are some, where the notice period is clearly stated by the labor law and if you try to change that in the contract such statement is simply void. Having a resignation letter, one can enter any date after the contract is signed so it can essentially be date of decision minus notice period and you have an immediate "resignation". Regardless of that there are so many red flags, the only reasonable suggestion is "look for a new job and get the hell out of there". | |
| Feb 21, 2019 at 17:34 | comment | added | Tharglet Asimis | I can only speak for the UK and this would NOT be normal - if the company wants to make a change to your contract, they can issue a new contract which supersedes your old one. There is absolutely no need to resign first to make contractual changes! | |
| Feb 21, 2019 at 13:15 | vote | accept | darnok | ||
| Feb 20, 2019 at 20:25 | comment | added | user87779 | @alephzero then they should put that no notice period in the actual contract, not as a separate, undated resignation letter. The resignation letter could allow then to backdate it to months earlier and try to collect money from you (at least that's what the next answer down says) | |
| Feb 20, 2019 at 15:02 | comment | added | Dustybin80 | @alephzero We don't know if the OP is on a fixed term contract or a 'Contractor'. I am currently working on a fixed term but I am still a full time employee of my company and entitled to all the benefits that comes with this. However if this was a question of his company putting potentially sketchy terms into his new contract the advise would be to to consult a lawyer/union/citizens advice. However what is being discussed is if he should sign an undated letter that his company could use at any point to dismiss him DURING his next contract period. | |
| Feb 20, 2019 at 14:21 | history | edited | user85135 | CC BY-SA 4.0 |
added emphasis to a great answer.
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| Feb 20, 2019 at 13:17 | comment | added | alephzero | If the OP is "at the end of his/her contract" anyway as stated in the post, there is no issue about being "fired". If the company doesn't want to offer a new contract, end of story (and end of job). If the company wants to offer a new contract with different terms (such as no notice period) they are perfectly entitled to do that. In the UK contractors don't usually have a notice period in any case. That's precisely why employers use contractors instead of permanent employees - no statutory notice period, no statutory redundancy payments, etc. | |
| Feb 20, 2019 at 13:04 | comment | added | darksky | I even want to add that if you do sign such a document, it gives your employer a free opportunity to cheat you out of your next paycheck. It's very cruel, but they can have you work a full month or longer, but put the resignation date on that paper for the beginning of the month, and they simply will never pay you for your work. Your resignation paper is enough evidence to use in any court against you if you claim benefits. | |
| Feb 20, 2019 at 12:02 | comment | added | Alexander Aeons Torn | So much true, never sight that, In Spain for example you don't have right to collect your unemployement subsidy. So they can just fire you and you wouldn't be getting any compensation menwhile you find another job. | |
| Feb 20, 2019 at 9:45 | comment | added | Mołot | To add, in many (maybe all) EU countries asking for such paper is illegal, using it is illegal, and country labor inspection and / or labor court may be very, very interested... | |
| Feb 20, 2019 at 9:27 | comment | added | Justin | +1. DO NOT SIGN. At some point they will want to terminate you and leave a paper trail showing that you initiated it. For me, this is a red flag and I probably wouldn't renew the contract, unless I was not confident of finding more work quickly. Also, if you don't sign the letter, make sure you read the new contract very carefully. | |
| Feb 20, 2019 at 8:40 | history | answered | Dustybin80 | CC BY-SA 4.0 |