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My contract states that, during my probation period, I can leave the company with a one week notice. After the probation period, a 3 months notice is required. My probation period ends tomorrow. Can I still resign today and terminate my employment in one week?

closed as off-topic by Jim G., gnat, jcmeloni, Michael Grubey, jmort253 May 22 '14 at 5:15

This question appears to be off-topic. The users who voted to close gave this specific reason:

  • "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Jim G., gnat, jcmeloni, Michael Grubey, jmort253
If this question can be reworded to fit the rules in the help center, please edit the question.

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    I think this might be a legal question since it relies on interpretation and adherence to a contract. I believe SE community also does NOT have a law SE because giving legal advice leaves one open to liability. I'm really not sure this question is ON-TOPIC. – d'alar'cop May 16 '14 at 13:27
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    *comments removed* remember what comments are for – jmac May 18 '14 at 14:49
  • Hi Will, welcome to The Workplace. Unfortunately, due to the legal nature of this question and it's broad nature, I don't see us being able to answer this definitively with facts and research. Check out help center for the list of topics our site covers. Thanks for participating and hope this helps. – jmort253 May 22 '14 at 5:17
  • This is a quite good question. – Nicolas Barbulesco Jun 8 '14 at 18:36
  • @d'alar'cop — Giving legal advice does not leave one open to liability more than giving cooking advice. – Nicolas Barbulesco Jun 8 '14 at 18:38
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As you stated:

during my probation period, I can leave the company with a one week notice

If that is written in the contract then up to and including the last day of your probation, you, or the company, can give the other 1 weeks notice.

  • But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period. – Nicolas Barbulesco Jun 8 '14 at 18:44
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    @NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here) – Marv Mills Jun 2 '15 at 14:33
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    @MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least. – Nicolas Barbulesco Oct 7 '15 at 11:06
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My contract states that, during my probation period, I can leave the company with a one week notice. […] Can I still resign today and terminate my employment in one week?

Yes. Contracts are not fuzzy things. They are a strict outline of terms in which you and the other party agree do. Did you agree to those terms? Yes. Did they agree to those terms? Yes. Then there should be no issue with resigning.

But from the tone of your question you seem to be worried that someone would be upset about you making the decision so late in the process. If that is the case, don’t worry about that. The contract is there to spell out the terms clearly. And you are acting in those terms.

If there is a fear that ending a contract this way would ruin chances of a reference or future work, that is another topic. But in general if you are fearful of the person you have a contract with to the point you are frozen, you should just weigh your options—like resigning today—and move on.

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    Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea. – Coops May 15 '14 at 18:12

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