Coming to an End

It is said that there are two certainties in life; death and taxes. However, it is just as certain that every job has a start and an end. At the end of the day, none of us live forever.

However, on a slightly more cheerful note, I want to look at some of the things that people should think about when a job is coming to an end.

Let’s look at a practical example.

Jane has been employed in a junior role at a firm of accountants, X & Co, for three years. She is not called the office junior but that’s what she really is. She has aspirations to get a better job but her employers don’t think she is suitable and tell her that there are no openings for her in the firm.

Naturally Jane gets a bit fed up and builds up a resentment about the way she feels she is being treated. Her contract of employment requires her to give one month’s notice.

Jane goes job hunting and is offered what she thinks is a better job with a smaller firm of accountants, Y & Co. They tell her that they want her to start straight away, in fact they say they really need her to start next week.

What are Jane’s options?

Firstly, feeling a bit triumphant, she goes to work and tells the office manager that she is leaving today. She is told that she has to give one month’s notice. She says she doesn’t care, she hates the place and is going at the end of the day. Jane spends all day telling any colleague who will listen about her fantastic new job, how she hates her current job, her boss and all the senior people, and how she doesn’t care about breaking her contract; she is leaving at the end of the day. Jane’s new employers, Y & Co have not asked for a reference and so Jane feels able to walk out, which she does.

Technically Jane’s old employer, X & Co, could sue her for breach of contract. However, no sane employment lawyer would advise them to waste money on legal fees suing Jane.

So has Jane done the right thing? She’s had her day of getting her own back, she feels new opportunities await her. She’s made herself very unpopular at X & Co – does she care? No. Should she? Perhaps.

The new job in the smaller firm is not what she thought it would be. It’s strange how some employers talk up , exaggerate, and dare I say it, even lie about jobs they are recruiting for. Jane finds out quickly that she is no more than the office junior in Y & Co with employers who are even less reasonable than the last lot.

Jane resigns after six months and is back in the job market.

She then finds that most reputable employers still require references. Jane was only at Y & Co for six months. Are X & Co obliged to give her a good reference? No, they are not obliged to give any reference and if they did give one, they would be entitled to refer to the circumstances in which Jane left.

Jane could end up paying a heavy price for her last day’s behaviour.

The lesson for all employees (and employers) – never burn your bridges behind you, you may need them one day.

So, what should Jane have done?

Firstly, she should have told Y & Co that she was required to give X & Co one month’s notice. Any company who wants you to break your contract with your current employer needs careful consideration. She should have said that she would ask X & Co if she could leave early. A mutual agreement to vary the notice period is not a breach of contract. If X & Co refuse to vary the notice period, Jane should work her notice, and if she can, leave without expressing her feelings, rather she should make sure (by asking) that the office manager will give her a good reference if she ever wants one.

So what should X & Co do when Jane asks to leave early?

Generally employees who have decided to leave are not the best workers, and yet they are paid as normal. Agreeing an early leaving date may leave X & Co without an office junior for a while but unless that is totally unacceptable, it is probably the best option. It shows to Jane, but more importantly the other employees, that the company is reasonable in its dealings with a junior member of staff. Insisting on contractual rights is one way of dealing with staff but is not always the right way.

Published 27/09/2006.