It is a dream of every guy out there to have a dream job but it takes years to get that one and settle in it. In this phase of struggle they usually land up in jobs they don’t want to do or get better opportunities after sometime. Soon they start feeling the need of changing the job. But leaving the job is not as easy a flipping the coin. Before Quitting that job they need to learn and understand more about the job quit procedures and legalities.
A company works with the coordination among the employer and employee. You are a low level employee or have responsibilities over your shoulder on your job, you are important to them. Quitting a job is completely the decision of employee and company cannot force him to work with them but it’s a loss for company too. Abundance of have been written on the legal obligations on employee being fired but it’s less discussed about what if the employee quit his job.
There have been many legal obligations working on quitting a job. So it’s important to give it a re-think before quitting it because it could land you in the problem in case:
1. Quitting Without Notice:
If you are quitting a job without notice to your company and if due to your resignation company faces any loss, then it has right to sue you. Its same as if company dismissal its employee without a notice it has to pay severance to the employee it same goes with the employee resignation. It’s important to provide company with the notice of your resignation at least giving them sufficient time period to recruit and train someone new on your place.
- At least two weeks prior notice if you have been working with the company for less or equal to 3 months.
- Notice as per your deed if signed any.
- Notice of 15 days to a month if you have been working for more than 3 months in the company.
2. Breach of Contract:
If you had signed a contract while accepting the job you need to re read it before quitting you job. Breaching your contract could put you into a big problem. So it’s important to check out the terms and conditions of the contract as going against it would give the employer a right to sue you and you would have to pay the penalty.
3. Breach of duty of fidelity:
According to this law, employee is not allowed to use the confidential information of the company or the affiliations created during his employment in a deleterious way to his employer. Doing so is considered as unfair and culpable. Breach of this law would end up you sued by the company with high penalty and punishment.
4. For Damage:
In case your resignation brings company some loss or damage to its assets, investments or property, it can sue you for that damage. But a point here goes that if your resignation is without any notice only then you become liable for the loss. So be sure that your resignation does not harm your company and you are resigning at a safer pace.
Leaving the job has many reasons to go with but it’s good to leave that job with a good memories. Such negligence could indulge you in serious problem. So it’s better to take safer steps and move ahead in your career.
Quitting that job in much graceful way would be good and helpful to you. When you’ll be moving to a new job the first question you’ll be facing would be of your previous job, your experience and reason of quitting. Some companies even demand for character certificate from the previous company or would consult you last company to know about your working and behavior. So to land up into a good company you need to have a goodwill in your last job. Losing your last job in a conflict with the company would not get you anything.
So for ending up your job more peacefully with understanding you can try these things:
1. Talk to your Boss:
Before handing him you resignation letter, go to him and talk about the problem. He is your boss and understands the importance of employee morale, so he would not force to do the work you don’t want to because it’s of no use to him also. So have some words with him, explain your reason of resignation and be thankful to him for the support he provided as a boss in your job period and expect that he would understand your point and be supportive .
2. Be firm and polite:
Your resignation news would bring you many offers to stay back in the office. Now the decision comes to you whether the counteroffers or the promotion is the only thing you wanted or something else. Usually these offers are so tempting that people settle up changing their mind of quitting but sooner realize that they didn’t need this. They really needed a change. So it’s good to be firm about your decision and have polite no. A sooner No is better than a later regret.
3. Provide them with time:
Providing them with sufficient time to recruit a new person for the job you’re going to leave so that your resignation doesn’t bring harm to their company and you can respectfully leave job with a good farewell from the company. Talk to them about the time they need if still they ask for extra one week be generous to provide that, but be firm on your decision too. Do not compromise with your principle decision.
4. Follow the professional code of conduct:
Before quitting the job, being professional it’s your duty to return back all the documents, files and folder to the company. Also it’s important to bring in knowledge of the company about every client you had been handling and make them update about the work you were doing. This would give you a graceful feedback from company even when you’re quitting.
5. Never back talk about your employer:
Even after quitting never, bad talk about your boss or manager with someone from the same field because it would only get you bad points and you would lose your goodwill too. May be in future if you ever need his recommendation you would lose that at that point.
6. Be diplomatic:
At the exit talks with the colleagues or from anyone around never talk about the managerial skills or any skill of your former employer or boss. It’s better to be diplomatic saying” I got better opportunity” or “I wanted to grow in career and this was better option” or just that you needed a change now. This would maintain your goodwill and backup company always on your list.
7. Be Brave:
The news of resignation would bring you loads of work, sometimes ignoring expressions or hasty words. But be brave and calm. Work on your principles and face them without fear. Let them do what they want to because it’s the last they can. So be kind to them anyway.
Being an employee of a company you must take care of the business etiquettes, professionalism to be followed in the organization. Make sure to be reasonable about your resignation and fair to the company. Like the company needs you, you need the company too. It’s good to look forward in your career or quit the work you don’t wish to do but take a way of dignity keeping your respect in the company.
It’s clear that the employer can sue the employee for quitting the job but it also clears that every problem has a smooth solution. Being sued by the company could be make you to:
1. Pay heavy penalty
2. Work with the company back if company demands this
3. Get their loss covered without expecting any generosity from them.
4. A legal obligation with your name.
5. Long wait of decision.
6. Hinder you from working in the same industry for a period of time.
Leaving a job and entering into all this than a better job, is never a good choice. So it’s suggested to:
1. Read the legal documents you signed while joining the company.
2. Consult some legal adviser
3. Talk to your manager or senior employer about your plan (only if he is trust worthy).
4. Plan your resignation.
5. Set out your resignation period and inform the company
6. Resolve out the issues of work before leaving the office.
In this way you could easily leave your job and be saved from getting sued up by your boss. Although many employers doesn’t go for sues and obligations but you never know when the table turn and you get into the shock. So its always better to move a step ahead of the problem. It’s all about how smartly you take decision and work for your future.