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 Why a legal inmigrant can not find a decent job in this USA?
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Additional Details
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Additional Details
I'M NOT TALKING ABOUT GETTING SICK PAY!!!!!!!!!!!!! HOW MANY TIMES DO I HAVE TO ASK THE QUESTION ...


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Peter A
No Contract, but employer want a months notice?
Hi all, I am in a situation, I handed in my notice yesterday to my current employer, basically stating I wanted to leave ASAP but will work a week if needed. I don’t have a contract and am almost at the end of my 3 months probation, but in an offer letter given to me it states
‘you will receive a contract within the first 30 days of employment and this will have on it 1 month’ notice, salary holidays so on.’
But I haven’t signed any contract, as I said I did want to leave soon as but am willing to work 1 week, which I am now doing, but the (Bully) of a director is trying to force 1 month on me, and he said ‘ok I will let you breathe a bit and you can give me 2 weeks notice’
Basically my argument is I have done almost 3 months probation so I am not doing another 1 months notice, I don’t have a contract, the job was sold to me as a different role, and I don’t really want to stick around. I have got another job on a lot more money and I don’t need a reference.
What do I do.



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bender_xr217
Rating
2 Weeks notice is usually the standard, just tell them that since they did not hold up they're end of what was agreed to you do not feel compelled to do the same, however being the gracious person that you are, you will agree to stay on for two weeks instead of just the one.

Go ahead and give me all the thumbs down you wish, however a two week notice is the standard! If the new employer found out you just up and ran on the previous one what will they think you will do to them if you decide to leave them in the future?

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moonrider
Rating
if you never sign any contract , then just go, you can report to the Union if they hold your salary.

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khan sb.
According to law, no employer can hire you without a written contract. The offer letter which they gave to you is nothing. And as you said you did not signed any document. This employer of yurs is taking work from you and not showing your salary into his books of accounts. A common practice to save on taxation and other legal formalities. You can just quit without any hesitation.

This is my personal experience, you better to consult a legal practitioner.

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nellbelle7
Employment is at-will. You can be terminated and you can also quit without giving them any notice.

Basically, if you don't grant them their required leave you will be blacklisted from working for their company or subsidiary again.

If it were me, I'd pack up my things and go. I wouldn't stay around and work with that bunch of jerks!

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cissie s
Rating
The company you are going to work for after leaving the employ of the company you are with now will do a reference check regardless, or should. The best thing is to be honest with the new company and tell them that you may get a bad reference from your "current" employer.

The offer letter does say that 1 months notice will be required - in taking the job this could be considered taking up the offer therefore an "informal" contract.

However as you only have the offer letter and have not finished working your probationary period, and you do not have a signed and dated contract you could leave immediatly.

You could work out your 1 weeks notice and if you want to leave with good will and a possible good reference for the future give the 2 weeks notice and stick it out, but get that in writing from your current employer - that he agrees to the 1 week or 2 week notice.

If you are with a Union you could contact them and they will help you.

Or you can simply write another letter of resignation effective immediatly siting the reasons you are leaving - send a copy not only to your "director" but the person above him & keep a copy of yourself - you can mail it and make sure that its signed for and you could also deliver it and have the person taking the letter sign your copy so that it says that it was delivered in person and to whom it was delivered.

Make sure that if you had any "training" that the company paid for that they are not going to take it out of your final pay - especially if you did not have a written and signed contract up to this point.

Your current employer may want you to sign a contract now - so that you are aware of the policies, if they do and you sign it make sure that you date it with the current date - this will save problems later (personally I wouldn't sign it)

Let your new employer know what is going on so that they know when you are free to work with them.

This sounds like something that happened to my friends husband, he worked in the Security field The company he worked for did the exact thing to him, I dont have all the details but he ended up having to take the company to an employment tribunal he was also with a union who helped with this in the end the company did not want to go through the tribunal and settled days before the tribunal was to take place.

Good luck in your new job

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Helen S
Rating
Hi Peter, easy - walk. You are entitled to a fair reference wether or not you want one and i would get them to give you one in writing before you leave, then if this bully raises his head again in your future you have a document. The company is acting illegally in not giving you your contract within the first 30 days as stated on your offer letter which forms the basis of a contract of employment for the first 30 days. Put your concerns in writing to the managing director, who may be unaware that this is happening . Good luck with your new job.

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VicSEO
I am in agreement with cherry, the operations assistant that normally a 2-weeks notice is sufficient and lack of a properly executed employment contract is evidence that you did not agree to anything they set out for you to do. There's no valid employment contract, therefore you can leave on your own terms. However, a "2-week termination notification starting at the end of your 30-day probationary period" seems reasonable.

Good luck!

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kate lomax
Rating
You are entitled to leave when you want as you have not signed any contract.
I would work your agreed one weeks notice, accept your pay cheque and then go.
Simple as that and good luck in your new job.

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**sparkleprincess**
If you havent got a contract nothing they can do, tell them if they are going to be funny you will not give them any notice!

Just sounds like they are trying to keep you on for themselves

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fengirl2
Rating
If you are in the UK, the fact that you accepted the job on the terms laid out in the offer letter consitutes a contract under employment law.
In the absence of a contract or written terms and conditions as it is more properly called, your notice period is a week. But, as you have accepted work on the basis laid down in the letter, you can't pick and choose what to comply with and what not to, so a month it will have to be.

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Maeflower
Rating
quit! don't even show up after the week, they can't make you!

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Laura
Rating
I would explain that the company has no legal hold over you to enforce a month's notice, that you are offering them a week's notice as a gesture of goodwill and that you will expect full payment for your time worked.

Make sure you do all of this in writing. Any conversations you have had with any person in authority need to be logged in a diary, with dates and record of what was said.

A contract is two way and needs to be signed as agreed. If you haven't got that, then it cannot be applied retrospectively.

Should you have any problems with the company, remember that you can take your problem to Employment Tribunal. This is not advice to tell your employer that is what you intend to do, nor to actually do it, Just remember it is always an option, where required.

Contact CAB (if you can get them to answer the phone!) and ask for further advice. They can help you draft the letters if you need them.

Good luck, stay firm and don't let the company frighten you into doing what they want.

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dizzzzie01
Rating
If you are not owed money for holidays or anything like that where you would be getting a payout. At the end of the week when you get paid just don't show up anymore.

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Paul Anthony F
I didnt even read your question ? statement I am just infutriated how peole are treated . Does he really need a month to find someone to fill his crap job or is it g=just a way to keep the work force Kow towd with nbullying and you will gwt it for having the audacitiy to leave
If only more walked out like you women are the worst they put up with crap and so everyone else has too , they usually say I'm showing I can deakl with the bullying actually its cause they dont have the guts to leave

Wlak aout on the Bastards if they have the guts to sue let themand if they give you a pooreference sue them for preventing you from making a living

Speed on the Bird flu to kill these Bastards !!!!

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Aidan Connor
Rating
If you already have another job lined up, I would go for it. The only downside to leaving a job without giving enough's notice is that.. if a new employer contacts the employer you left - the employer you left can complain about it.

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JAN
Rating
You should give them the week you promised and move on to the new job. If I understand you right they did not live up to their agreement to give you a contract within the first thirty days. You are a free agent.

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jamesdean2002uk
leave after the week - dont tell him though !- if you have not signed a contract then sack him off mate - he cant touch you -

can you tell me his name and the company so i can cold call him and annoy him ?

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jtwb568@yahoo.com
Rating
if there is no contract, you can walk today if you want to! sure, as an employer I'd love for all of my staff to give me a month's notice prior to walking out the door for the last time--ahh, what a perfect world would be like. However, the reality is that you were supposed to have a contract within 30 days of your start date, they failed to get it out and signed by you, hence you don't have to give any notice. just be certain that you'll NEVER need a reference from them!!!

Good luck to you!!

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maria
you're entitled to a contract within 8 weeks of starting and that contract must contain certain info not included in that offer letter (so they can't say that was the contract!)
get out on your terms, they can't pursue it (well they could try but they haven't got a leg to stand on with no contract!)
when you get to the new place...join a union!
good luck
m x

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Jean-Luc
Rating
You don't have a contract - an offer letter is no basis for their actions.

Just don't go back. Theres nothing they can do about it.

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Jade C
Rating
It depends on the state you work in, but most states have "at-will" (or something similar) laws. That means that either the employer or the employee can terminate employment for any reason (or no reason) without any notice. It is customary and polite for the employee to give two week's notice. I was laid off two month's ago and my employer gave me one hours notice.

When your week is up, don't go in the next day...there's nothing they can do about it since you haven't signed a contract.

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G P
Rating
You are right and with no contract do not have to work a months notice. Contact the citizens advice and the tell your boss you have done so. That should scare him enough.

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MARIAM S
Well like you said, the role your in now does not fit the job description as it was sold to you. And also you do not need a reference. So what on God's earth are you still doing there. You might as well leave even if it means the next day and get some satisfaction from your upcoming position. I think your boss is a loser who is just interested in using you until he finds someone to replace you. Do not allow this to happen. Bottom line is you can still include it on your CV to show your experience in that field.
Good Luck.

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*In constant wonder*
Rating
You are not legally bound to work there ans can just leave. It was courteous of you to hand in notice as you did not have to. Make sure you keep a copy of your notice letter. Also keep a record of all the hours you've worked since your last pay day (i.e. all the hours that should be paid to you in your final wage packet). I have a feeling he might try and withold payment if you leave. If he does get down to your local citizen's advice bureau.

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Jevon99
Without a contract - you could pack your things & leave right now if you wanted...he couldn't do a thing.

I would think 1 week would be reasonable for him to accept

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crazymental
Rating
you leave! they have no legal footing to keep you there at all. as you say, you didnt sign a contract so your not obligated. work the week then leave. or spend the whole of the next month ringing in sick! lol seriously tho, you can leave when you want to. just because they have offered you a job doesnt mean you have to take it. no contract. it wouldnt get anywhere. just leave.

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Just Me
Leave on your terms, not theirs.

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cherry a
Rating
business etiquette is 2 weeks, but without a contract you are not legally bound to give any specific amount of notice

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Vol
Rating
Leave the job immediately. They didnt keep up with their end, you dont have to keep up yours.

Explain this to the employer, and tell them you were trying to be nice, but you are leaving, regardless.

Good luck with your new job.

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