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what can they do if.....

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DONNA1458 | 17:52 Mon 08th Feb 2010 | Jobs & Education
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i have worked for the company im with for 8 months an have got another job i handed a weeks notice but in the contract they say its 4 weeks what if it is and i leave with only giving a weeks notice?
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Don't expect a good reference
You might also expect less pay - sometimes 'in lieu of notice' is deducted.
Your current employer would have the right to sue you for any loss of income resulting from your early departure. For example, let's assume that you're getting £6 per hour. When you suddenly walk out your employer can't immediately replace you so, for the 3 weeks when you should have been there, he has to get an agency worker at £12 per hour. Assuming that you work a 40 hour week, that's an extra £720 the employer will have to fork out. He has every right to insist that you pay that money, taking action through the courts if necessary.

In practice very few ex-employees are sued by their former employers under such circumstances, but it's always worth remembering that it can happen. (If a senior worker in the finance industry walked out when he should have been finalising a major contract, his old employer might lose millions of pounds. The employee can then sue the former employee to recover that money).

Chris
No, Mosaic, the employer cannot do that. It would be an unlawful deduction of wages. The due wages have to be paid in full and a civil claim made in the courts as Chris outlines above. If indeed the employer does pursue it.

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