stevie123

Hi all,
I'm new to this so please bear with me! I have to give my employer 3 months notice if wish to leave, and likewise they must give me 6 months if they want me to leave. Now the situation is that i want to leave and they want me to stay on longer. Throughout the year, we have had mandatory furloughs imposed on, so my question is whether these furloughs do in fact constitute a break in contract, and do i really have to work the notice terms??
Any advice would be grand!

Noorah101

What visa are you here on?
What does your contract say about furloughs?
If you quit, and not give the 3 months notice, are you prepared not to list this employer on your resume?
Are you prepared to go home right away?

Rene

stevie123

Hi Rene and thanks for the reply.
I am GC holder, and my contract says nothing about furloughs, I am actually here still on my European contract. I had thought that if I was to be made "unemployed" through furlough, they should have given me sufficient notice per contract (ie 6 months), but they did not.
Thanks

Noorah101

OK, having a GC makes a difference. So this isn't actually a visa or immigration question. I'm going to move it to the USA forum.

Rene
Moderator

stevie123

Thank You.

Rete

Hmmm furlough means laid off without pay? Or time off with pay.

stevie123

Hi Rete

Furlough means time off WITHOUT pay. We are currently undergoing one full weeks furlough every month for 6 months. I am senior management so am only expected to do 3 of the 6 imposed upon us, but have been instructed to sign on for unemployment to cover the weeks that I am technically "unemployed" from the company. Because of this "unemployment" is my contract broken by the company? As I said earlier, they certainly didn't give 6 months notice of impending furloughs which is what my contract states they should give me if they wanted to get rid of me? I just wonder how I would stand with regards to shortening MY 3 months notice given to move on to another job.

Noorah101

The way I see it, they aren't firing you or laying you off, never to return to work for them again. Lots of companies are doing this imposed furlough with their employees to get through the bad economic times. You are still employed with that company, you just aren't receiving pay. Evidently you are allowed to collect unemployment for the week you don't receive pay from the company.

I don't think they've broken the contract, as they clearly are not letting you go forever..you are due to come back to work when your week of furlough is up.

Rene

Bob

What state are you in?

Most states, notice periods aren't enforceable unless your in an executive position, in which case, you can just say smell you later and walk out the door with all your shit and your obligation is done.

Edit to add....walking out the door might make you ineligible for unemployment assistance though, but down my way furloughs forcing you to leave would allow you to claim being laid off essentially.

stevie123

Wirelessly posted (BlackBerry9000/4.6.0.167 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/102)

Thanks. So my best option is to then negotiate a leave date and be sensible. I presume that I am fully entitled to take all vacation owed as part of the notice period? And then also the same for any notice due next year?

Noorah101

If you haven't used up all your vacation time by your last day of employment, the company should pay that out to you in you last paycheck.

Rene

scrubbedexpat099

A furlough is a breach of contract, assuming that your contract did not include provision for it.

As you have accepted the modification for the previous furloughs, that is history.

If asked to take a furlough in future I would point out that this is a breach of your employment contract and refuse to take it.

If they carry on then they have broken the contract and you would be entitled to damages as well as not carrying on working for them.

My take, best to check with a lawyer which I am not.

Bob

depends on your state...some places you just lose it some you'll be owed it in final paycheck.

stevie123

Wirelessly posted (BlackBerry9000/4.6.0.167 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/102)

Thanks Bob. I'm in Illinois. And I am in an Exec position. And even with my contract, I believe the furlough situation basically treated me as an at will employee. I claimed unemployment and looked for other jobs.whilst I clearly don't want to leave on bad terms, I am really not wanting to stay for 3 months!

Bob

CEO, CTO, COO, CFO level?

Otherwise you ain't exec level to worry about non-competes and notice periods.

Just walk out. It's not like they'll honour giving you notice periods if it suited them.