A question for people of the legal profession...

Hey ATS,

I need help from someone/people with knowledge in law, or what I can do in this particularly specific situation, I'm talking to a friend about it at the moment and probably won't do anything about it as I'll explain, but here's my query;

I asked my manager about 3 and a half months ago to leave my job, as I did not enjoy my job and I didn't think it was for me, the company I work for give you a 3 monthperiod to look for a job but you still work for them, so we both agreed that I'd work until the 14th May. The closer it got to the 14th my manager asked me if I could work until the 31st May because she's going on holiday for 2 weeks. Today they've just offered me a job I used to work at (in the same company) until the end of June which I have taken as I desperately need the money.


What do I need legal advise for I hear you say? Well, my friend reckons that without a written notice signed by myself they can't let me go legally, now I haven't signed anything which states I'm leaving the company...but as it's a small family run business which my mother and I work in the office for, I imagine the relevant paperwork has been filled in etc. So anyway, my friend says if I took them to court I could get them done for 'unlawful dismissal', because they haven't got a written notice so therefore can't ask me to leave if I say 'I've changed my mind, it's then up to them whether to keep me or sack me, and if they sack me it would be unlawful, and money would be coming my way.


TLDR: Does having no written confirmation of leaving a job entitle me to sue them for 'letting me go'

My friend has been speaking to someone from his work who used to have their own business, now he's saying I could threaten them with a tribunal court case, so they could either pay for court fee's, expenses, compensation and devalue their name or keep me on and keep quiet....

I'll also add they've found someone to replace me about a week ago and I've been training him since the 14th

I'm not a lawyer, but I suspect the law is very dependant on what country you're in.


"Location: Hertfordshire"

Does that mean England?

Edit - on reading your posting again, you want to leave, but they keep giving you work... and you want to scam them out of free money for "unlawful dismissal" even though you are the one who wants to walk away.
Is that right?

Wow....talk about trying to rip off a company that's helping you.

If it were my company I would have kicked you to the street long ago.

Why don't you just fake a back injury and sue them for compensation.

reply to post by conz1992


So your plan is to try and screw over a company that your family has worked for, in the even that things don't work out exactly like you planned?

Sounds like you need to re-evaluate your intentions and motivations friend. If you agreed to leave the job 3 months ago and they fill the position, then you turn around and screw them on a technicality, well, you just aren't an honest person.

~Tenth

reply to post by conz1992


Hopefully it will become fully clear in court that you were teaching that new person to replace you since you quit.

I'm trying not to assume anything because your OP leaves me a little fuzzy on your precise issue. However, I'll say this...

You say you assume because it's a mom/pop company that all the paperwork was filled in. BIG mistake #1. The fact it's mom/pop makes it less likely, not more likely to see anything filled out in my personal experience. Things done on trust and general good faith is more likely than documented 10 ways from Sunday with every form filled in.

On the second point of notice? If they have this 90 day policy of notice/vs leave date all spelled out in detail for their policies and you made use of this ...yet it was 100% verbal with no written notice? Then you have absolutely nothing. I'm sorry to say, but unless a Judge feels real real generous? Verbal agreements in lieu of an agreement meant to be in writing? Well...They just aren't worth anything at all, in most cases..that I've ever seen.

I'd say you have an interesting spot but one as much of your own making by assumptions and actions as anything else. No offense or accusation is intended, in any way. Just stating the facts as they appear to be. If you chose to leave, I'd do so with as much care and consideration as possible...given the mutual nature of things likely not being quite how they should be at this point?

reply to post by conz1992


You dont deserve to work with that attitude. Theres no free money machine out there.

You think its ok to ruin someone who has helped you out on more than one count by your OP based solely on a technicality? I hope your employer finds out about what your planning and puts you where you belong.

MOTF!

reply to post by Wrabbit2000


People like this are the reason for so much 'red tape' when it comes to finding a decient job.

MOTF!

I don't know English law, and without meaning to sound offensive, I frankly don't want to do any work for you. You should consider the doctrine of estoppel to see if it might apply in your case. Here are two examples from the Wiki article of the same name:

Example 2: A creditor unofficially informs a debtor that the creditor forgives the debt between them. Even if such forgiveness is not formally documented, the creditor may be estopped from changing its mind and seeking to collect the debt, because that change would be unfair.

Example 3: A landlord informs a tenant that rent has been reduced, for example, because there was construction or a lapse in utility services. If the tenant relies on this statement in choosing to remain in the premises, the landlord could be estopped from collecting the full rent.

You stated that your mother works there too.
Do you really want to screw up her relationship with the employer?

I suggest you lay in the bed you made.

Just to give you some comparison....most states in the U.S. are "right to work" states. Not sure about the law where you are.

What that really means is, they can get rid of you any time they feel like it, and without reason, and you can quite any time you feel like it, and also without giving a reason.

Notice is simply "manners", it isn't required. Same with "severence" pay or packages.

Sounds like your laws are WAY different there.

I feel a lot of you didn't understand my OP, I don't intend on actually taking my company to court as most of you have pointed out it would put my mum in an awkward position and I actually want to keep in good name in this company.

Like I said me and my friend was just discussing, doesn't mean I'm going to go and do it, I was just interested on the legal side of things what was available. And to put your minds at rest I'm with an agency now that can find me another job.

Thanks