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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently joined a company and realized less than a week into

Customer Question

I recently joined a company and realized less than a week into the job that it was a bad fit.
I fell ill for three weeks the following Thursday and on the Sunday evening of my second week ill (the fourth week with the company) I had seen all the signs and submitted my formal resignation to my direct report and his boss as well simultanteously.
They issued a request several days later asking that we meet to discuss moving forward - without explaination of what moving forward meant - or without acknowledgement/indication of acceptance of my resignation - but did so very politely throughout the emails.
MY concern is that they are planning to do one of the following:
Get me to reconsider my resignation as Director and return to the organization to help move them forward.
Find reason to legally bind me to the contract - even though my decision to resign was done less than a month into my probationary period.
I simply want to know what the likely purpose and strategic outcome is for the company and my former direct reports.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please clarify what your query is as I am
Ben Jones : a bit unclear at present. Thanks
JACUSTOMER-b8kxa54k- :

Thanks, Ben.

JACUSTOMER-b8kxa54k- :

I've resigned from a company after only 3.5 weeks employment due to what I consider to be a variety of factors including

JACUSTOMER-b8kxa54k- :

Lies by my report about my role./title/responsibilities/financial targets and ability to achieve them by the company and it's employees....the list goes on...most notably - the complete lack of mention of the mass disorganization of the division which he has now resigned from.....

JACUSTOMER-b8kxa54k- :

Following my submittal of my resignation last sunday evening, my direct report and his boss - also mine - have requested a 'sit-down' to discuss moving forward.

JACUSTOMER-b8kxa54k- :

I want to understand what he likely purpose for the requested sit-down is without having to ask them directly.

JACUSTOMER-b8kxa54k- :

Please respond

JACUSTOMER-b8kxa54k- :

my fear is that they'll try and force me into remaining with the company despite being well within my rights to resign as I've done so well within the probationary period

JACUSTOMER-b8kxa54k- :

legally speaking: how do I meet with them and - if I choose to say yes - negotiate the best 'new' terms for myself should they offer me a new role to help ensure i stay to help fix the company and the division in particular?

JACUSTOMER-b8kxa54k- :

???

Ben Jones :

Hi sorry my connection dropped earlier. Have you served them with the contractual notice period required of you?

JACUSTOMER-b8kxa54k- :

My resignation notice read 'effective immediately'....as it was only two weeks into my employment.

JACUSTOMER-b8kxa54k- :

I am under no obligation to stay for any period longer.

JACUSTOMER-b8kxa54k- :

Ben,

JACUSTOMER-b8kxa54k- :

I was ill during the sick leave...frankly - I don't owe the companhy anythjing.

Ben Jones :

If you joined the company and did not wish to continue working for them, you are able to leave unconditionally simply by giving in the contractual notice period you were required to. The employer cannot refuse to accept your resignation and your employment will terminate as soon as the notice period expires. They could try to change your mind and offer to discuss the issues that have prompted you to leave but they cannot actually force you to stay in the job.

What the purpose of the forthcoming meeting is, is something only the employer knows. We could all guess what it may entail but in the end that is all it would be – a guess. They could try and discuss the issues that led to your resignation and to try and find a solution, they could offer you some changes to your contract or the working environment and so on. But you cannot be forced to attend nor can you be forced to change your mind. Only if you are happy can you make a request to have your resignation retracted and in turn that can only happen if the employer agrees to it as well.

What you negotiate with them is however up to you. Only you know what you want from this job and need to communicate that to the employer when negotiating with them in order to try and reach an amicable solution, if at all possible.


JACUSTOMER-b8kxa54k- :

They've called a meeting which I do NOT want to attend as they are insisting I meet at their office. I have no reason to attend as I've formally resigned effective over a week ago now...and frankly, I don't believe anything good will come of the meeting....your thoughts would be hugely appreciated.

JACUSTOMER-b8kxa54k- :

Ben,

JACUSTOMER-b8kxa54k- :

I've run the Big Data Division for the UK for IBM, MIcrosoft and EMC corporation - the last two for whom I was responsible for all of Europe.

JACUSTOMER-b8kxa54k- :

I'm 51.

JACUSTOMER-b8kxa54k- :

It turns out there are not one but rather FOUR different competing divisions within the company I joined....my boss didnt even KNOW this....told me it wasn't my business (what the hell? He doesn't think it's important to know if your own company has competing internal divisions that are - in fact - racing to make the most money by the end of the first half-year in June so they're not one of the THREE other competiting divisions that will inevitably be CUT?)

Ben Jones :

ok so what would you like to achieve in this situaiton?

JACUSTOMER-b8kxa54k- :

He left the division the day AFTER i joined - told me on the first day I joined - after 4 months of saying he'd be mentoring me - how happy he was that I signed and that he was looking forward to working with me.....the VERY NEXT DAY HE HANDED IN HIS RESIGNATION....and my mentor then became a 27 year old kid who'd only been with the company for 5 months....and had neve beein in Consulting before....and he was appointed head of sales for the UK.....WTF?????

JACUSTOMER-b8kxa54k- :

I'm struggling to understand why they want this meeting.

JACUSTOMER-b8kxa54k- :

I'm struggling to understand why they have to have it in their offices

JACUSTOMER-b8kxa54k- :

I'm struggling to understand why they won't tell me what they want to discuss.

JACUSTOMER-b8kxa54k- :

None of this sits well with me.

JACUSTOMER-b8kxa54k- :

I just want to move on and work for a team that seems to have their act together and not be screwing about as if they know what they're doing and they clearly don't.....

Ben Jones :

I cannot say why they want this meeting but you certainly do not have to attend it

JACUSTOMER-b8kxa54k- :

At the same time....I really don't think I've been told the truth once since arriving at the firm......plus..the outgoing boss (the one who's resigned) has actually screamed and sworn at me for no reason....not sure what it was about but I had to tell him to calm down and stop with the pointless sarcasm....he eventually did but it was behaviour I'd never encountered before in my professional career.

Ben Jones : Due to your short length of service you cannot take action against them but if you have decided to leave then do you actually want anything else from them?
JACUSTOMER-b8kxa54k- :

I would anticipate the wages owed... but that's it...I haven't billed any expenses..and frankly - don't intend to....even though I'm allowed.

Ben Jones : You are entitled to be paid for times worked up until leaving but donor need to attend the meeting to get these
JACUSTOMER-b8kxa54k- :

Is there any legal action they might be seeking?

Ben Jones : I cannot see what that could be. You are not tied in to them you are free to leave by giving them the notice period required of you
Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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