Walking out before 2 mths notice is up

LeeLeeH

Registered User
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5
Hi all,
New here...
Would be so grateful for any advice about leaving just after 1 mth's notice, contractually I'm obligated to give 2 mths notice but I have been offered a new job.
My current employer is threatening legal action against me and my new employer, is it worth leaving? Would they bother suing me for breach of 1 mths notice?
Thank you, really appreciate any advice anyone can give.
Cheers
Lee
 
Particularly if new employer is opposition to old employer, old employer could well sue.
This is now adversarial and messy.

Strongly advise to
1 Knuckle down for the 2 months.
2 Meet with present employer and mend fences and try for a settlement.

For either your present/future employer , it tells them you are prepared to break a contract, when it suits you, and that does not reflect well on you.
 
Thanks so much for the advice Gerry. I have tried discussing with current employer leaving earlier than my 2mths notice. I have been employed for 6mths and there is someone else who can do my work but they just won't budge.
I am not breaking my contract, I have given one months notice which has been plenty of time for them to find someone else, which they have and they still refuse to let me move into my new role.
 
But your initial post says you are contractually obliged to give 2 months notice so you breaking your contract by only giving one month's notice surely?
 
Thanks emeralds, yes it is, I meant I didn't have a contract for a set amount of time but yes I am breaking my contract terms with one months notice.
However I would really like to hear from someone who has been through a similar experience and whether their employer decided to take legal action...
 
How senior are you in your role, and career?
Are you still under probation in your first role?
Does your new employer know you are working where you are, and were they aware of the notice-period?
(Likely will only sue if they can prove a loss over and beyond wages .. .. .. but I'm not a lawyer)
 
very unlikely that any employer would sue in this type of scenario as per Setanta 12's post above they would have to identify a monetary loss due to your breach of contract. This would generally only apply if you had a specific set of skills that would be difficult to replace at 1 month notice. Also, unless you are a senior employee at a high level of expertise/salary it would not be worth any employer's while progressing a case!
 
I act for an employer in these types of situations and it is unlikely that they will sue you.
You would be in breach of your contract and technically they could sue for breach of contract but it is unlikely to be worth the hassle.

You would be unlikely to get a reference from your current employer which may present problems in the future.
It is one of those decisions that might feel right to you now but can come back to haunt you at some point.

If you told your new employer you had 2 months notice - then they will wait for you.
I'd agree with Gerry Canning - knuckle down and see out the contract
 
Thank you all for such well rounded assessments.

A great forum for advice, much appreciated.
 
My current employer is threatening legal action against me and my new employer, is it worth leaving? Would they bother suing me for breach of 1 mths notice?

The real question is: how would your new employer react to being put in the middle of all this? Walk away perhaps... The thing is that it does not have to go all the way for it to create problems for you, for example if your new employer received a letter from your current employer containing a threat to take legal action, it might be enough to cause him to decide he does not want to employ you after all.
 
Thank you Jim2007. The matter has been resolved, my new employer was been prepared to back me 100% if legal action was required and my now past employer has accepted my early resignation. Appreciate your feedback.
 
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