To walk from this job? LONG

(29 Posts)
Wittsend13 Mon 24-Mar-14 15:10:11

To walk from this job and if so, how can I ensure I'm paid for the work I've already done?

I was offered a job back in January upon satisfactory references (Which were sorted) hoping to start job in February

They decided after writing to me to confirm this, my start date would be 3'rd March. Bit annoyed as jacked in the other role, but decided to grin and bear it and just get by on my last salary in Jan to cover me until end of March. I was also to be given a temp car for 3 months only to get me to and from the office as I had given up car with previous job.

First day I signed all contracts, and filled out all forms. I was then informed they pay the first months wages by cheque. When I spoke to HR who is a single person as this is quite a small firm, she said to me they only pay by cheque if they think you wont last. But if she thinks you will, then she will pay it into your bank account. That was a bit alarming for me, but again I shut my mouth and said nothing.

Then we had a team meeting where I got to meet all the other team members and they started discussing a lady (Lets call her C) that had left the company (I've replaced her)

The two directors were talking about C's new employer asking for a reference. In fact they were laughing at how after they've written this reference she will never work again in the industry as they will make sure of it because she left them for a competitor. This again was major alarm bells for me.

Last week after two weeks being stuck in the office making calls I was "allowed" out to prospect and try and attempt appointments.

I fell over in the street on Wednesday and carried on even though it's been agony as really wanted to get on with my work and do appointments

Friday the pain was excruciating and my leg was bleeding badly. Saturday I ended up going to the walk in and they said for me to rest as it's infected and can't keep walking as the friction of clothes etc is making it worse. So I sent my director an email Saturday explaining the situation and saying how sorry I am and that how I will call him Monday.

So I called him this morning. I said Did you get my email (As he never bothered to respond) He said he was just discussing me as he has concerns about my work and that he isnt happy I have this issue about my leg and if this is something that usually happens. I said no it doesn't I've never has this issue before then he goes into one saying hes given me a car to get into the office and how he "let" me go out to knock doors and this is what happens. FTR, I'm field based not office based so I'm quite surprised he thinks I was going to be given a field sales role and just be office based. He was very rude to me and I'm left feeling like this just isn't the job or the company for me. He wants me to call him tomorrow to see if I'm coming in or not. I'm supposed to be getting paid this Friday and I just want to leave without wasting anymore of my time. I do however need to be paid for the three weeks of work I've done for them.

As I have a car can I say I shall keep the car until I've been paid? I do worry they will cancel the cheque or try and not pay me. Does anyone know where I stand?

Thanks

aziraphale Mon 24-Mar-14 15:32:21

What does your employment contract say? Start there. I don't imagine you would be able to keep the car but you do have a right to be remunerated for your work. You should also look at their H&S at work policy - you have been injured on company time while doing your job so you may be entitled to compensation under their employer's liability insurance. (sorry to sound like claims direct...)

Have a look at the payment of wages clauses in your employment contract as well.

You have been horrifically treated by this company so you should enjoy moving on to somewhere that treats you like an adult with real employment rights. I really hope this works out for you.

bibliomania Mon 24-Mar-14 15:32:48

It sounds worrying. Depending on what your circs are, I wouldn't walk away if I had nothing lined up, but I'd be putting intensive effort into finding another job asap, while references from your old job are still "fresh".

NoodleOodle Mon 24-Mar-14 15:34:28

I'm sorry to not have any advice for you, but it sounds like a horrible situation to be in thanks

CrumblyMumbly Mon 24-Mar-14 15:49:08

Also, employers have to be very careful what is written in a reference now as you can take action if, because of a bad reference, you do not get the job. My last employer said that they now just say how long you were employed and stick to bare facts to be on safe side! Good luck and make sure you document all conversations/times etc if evidence needed at future date. If they have 'concerns about your work' this should have been raised separately not in a conversation about sickness. Don't be bullied by them - draft a professional resignation (if you are sure this is what you want) and ask for payment for the work you have done - unless you want to hold out for accident compensation...

Wittsend13 Mon 24-Mar-14 15:50:02

Thank you for the replies. I'm already on looking for another job I've applied for about 20 so far today. My contract doesn't say much other than a weeks notice. It is against the law for them to not pay me? I'm just so worried they won't as I really wouldn't put it past them!

daisychain01 Mon 24-Mar-14 15:52:34

If there is a Citizen's Advice Bureau near you, that may also help (in addition to the good advice already given), especially if you feel like you need support to talk through the situation from start to finish.

As you have only been employed by them for a matter of weeks, you will have some employment rights but very limited. Having said that, you have the legal right to be remunerated for the work you have already done, so if they cancel their cheque they are acting against your employment rights (check out with CAB?)

Not being flippant, but can't you go to work and show your boss the injury you sustained falling over, plus a Doctor's Certificate (you can ask your GP for one, especially if you needed treatment), this will help to demonstrate that you aren't pulling a fast one (it seems like your boss doesn't believe you). If you were prescribed painkillers, take those in as evidence. In situations like this, I tend to throw all the evidence and facts at them, and it can "put them back in their place".

PumpkinPie2013 Mon 24-Mar-14 15:54:04

That sounds awful sad

Did you leave the previous job on good terms? If so you could use them for ref for a while and look elsewhere sharpish.

Can you stick with it until at least Fri? Is there any way you can get there and be office based until your leg is better? That way you can at least get and bank your cheque for this month?

As soon as the cheque is clear in your account I'd leave - they sound bloody awful!

Very good luck to you x

daisychain01 Mon 24-Mar-14 15:54:35

You don't need to mentioned them on your CV of course. Just air-brush them out of your life asap!

Wittsend13 Mon 24-Mar-14 15:57:49

Daisy I've already told him what's happened he knew last week as I told him I'd fallen and he didn't seem to give a shit. Is it even worth going to get a letter to give him even though I want to walk? He's a nightmare to work for it seems and I'm just not happy. I want to keep the car until I'm paid. If I go there Wednesday can I resign and ask for payment then and there? And if they say no, can I keep the car until I'm paid? I'm so stressed they will cancel the cheque or try and not pay me.

Wittsend13 Mon 24-Mar-14 15:59:53

Pumpkin I'm lucky enough to have references from other roles so I'm hoping to be ok there. There is no way on earth I'd put them on my cv. Can't wait to just go.

KateSpade Mon 24-Mar-14 16:05:33

I work for a company I hate, as I don't have any other options, so coming from me if you can leave do.

I would wait till I'd been pain then leave, like pumpkin says, when the cheque is clear get thee out of their!

maddening Mon 24-Mar-14 16:07:32

If you kept the car after leaving couldn't they have you done for theft? Surely it is a separate matter to the earnings they owe you. Imo keep all above board even if they are sneaky twat employer types.

maddening Mon 24-Mar-14 16:08:47

Ps can't the wound be dressed so that rubbing on clothing isn't an issue?

Wittsend13 Mon 24-Mar-14 16:10:15

Kate I feel they might try and tell me to go as I'm still in probation period and I kinda want to get in there first iykwim? Mad that's what I'm wondering I don't want a criminal record.

Wittsend13 Mon 24-Mar-14 16:12:12

Mad no it needs air to it. I kept it covered and done the usual of talc and Vaseline, but not together. It's infected and was bleeding and any sort if walking is killing me as it's like someone has a lit match to my skin.

ParanoidLucy Mon 24-Mar-14 16:16:04

YANBU. Juts cut your losses and leave and at least then you can leave them off your C.V. Personally I would string the return of the car out until Friday to ensure they pay you.

KateSpade Mon 24-Mar-14 18:38:50

Yes, I get what you mean. Don't steal the car or do anything illegal, but ensure the car is returned after you have been paid!

I have a problem with HR, however for a small company, their are six, yes six HR staff not taking into account the one that's just left!

oidoyoumind Mon 24-Mar-14 19:10:09

OP I suggest you go to your GP practice nurse for advice on how to look after the wound. I would guess you need a dressing on it if it is hurting to rub against clothing, preferably a hydro-colloid one which will protect it from rubbing, make it feel much more comfortable and aid healing in a sterile environment (you could buy one of these from your chemist). I'm a bit shock that you have been putting talc/vaseline on it - you should never do this, it would be bound to become infected. Hope this is useful advice.

ICanSeeTheSun Mon 24-Mar-14 19:15:44

Stay there until the check clears. It's a few more days of hell but it will be worth it.

Latara Mon 24-Mar-14 19:17:35

I second oidoyoumind's advice about wound care. definitely see the GP's practice nurse. You are at risk of a wound infection or even cellulitis otherwise. Take care of yourself!

Wittsend13 Mon 24-Mar-14 21:31:34

Thanks oidoyoumind. I will try and get down to one tomorrow and get one. I only put talc as I heard it dries it out and then vaseline as according to my DM it's the best thing ever for wounds....hmm

Kate, this company has 3 directors and one person who does the accounts, HR and payroll. I read my contract and it doesn't actually say I am to be paid by cheque, but actually into my bank. I can't remember if I signed anything that says I will be paid by cheque, but I remember seeing it somewhere! It also states I don't have to give them or them give me any notice within the first month. So I'm wondering if I should just cut my loses before me cuts me on Wednesday which I'm getting a bad feeling he will.

Wittsend13 Wed 26-Mar-14 20:21:08

Thanks all for your help and advice. Today I went back into work and no surprise, he was being an arsehole so I asked if we could chat and I told him this isn't working out for me. I explained that I didn't like the way he's spoken to me and I didn't like how at interview I was told different things. I said it wasn't personal, but I'm not happy and I didn't think it was fair on me or them if I stayed.

They agreed to pay me until the end of the month and even said if I wanted I could stay in the office and call agencies to look for another job. I said my goodbyes hugged them all and came home. Feel like a weights been lifted off my shoulders. I've got four interviews already lined up so fingers crossed I get offered something! Thanks again for all the advice.

howrudeforme Wed 26-Mar-14 20:44:40

That's great OP. I've had great and shite experiences with small private companies - they are always personality led. You get yourself better and go get yourself a much better job.

MrsMoosickle Wed 26-Mar-14 21:14:30

I don't see much wrong in how your employer has acted/ reacted to be honest. Sounds like you had a few weeks induction before you were allowed to be front facing.......that's fair enough, protects the brand and reputation from ill informed new people. Were being paid, by cheque or otherwise, had a company car ( tools to do your job) and 3 weeks in went off sick, pretty shabby for a leg injury in my view.

When you resigned, they acted more than reasonably.

I think the employer might have had a narrow escape. YABU

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