My husband's company want to sack him

[fruitstick]

It's Ok because he's just accepted another job (which they don't know about).

he works in sales and was put on poor performance (written warning) for not meeting his monthly target. As a bit of background, his targets are ridiculous, nobody has ever met them, including his boss who has sold considerably less than him. Also one of the poor performance months was when he was on paternity leave, which they told him he was not allowed to take but he insisted.

Anyway, he was leaving anyway so he's not that bothered.

However, his boss has told him it would be better for him to resign than be sacked.

Can they just sack him? Would he be better of resigning or would they have to pay him off either way. Or would it be better for the company if he just handed his notice in?

Help!

[clumsymum]

Strikes me your dh's employer need to cut costs, and they are looking at getting rid of dh to do that. They won't make him redundant, cos if they do they can't set on someone else if things improve.

If he's worked for them long enough, they ought to go thru' the whole warnings process anyway.

As he has another job anyway, in his shoes I'd resign and move on.....

[fruitstick]

I think you're absolutely right.

He just wants to make sure they pay him what they owe him. Apparently people have resigned in the past and never been paid.

[slug]

I agree with clumsymum. They are trying to frighten him into leaving because they a) want to save money and b) know they don't have a legal leg to stand on, especially regarding unreasonable targets and paternity leave.

Does he need a satisfactory reference from them to take up the new job?

[fruitstick]

No, the new company know him anyway.

He is furious that they have treated him so badly though ( the old company)

[clumsymum]

"He just wants to make sure they pay him what they owe him. Apparently people have resigned in the past and never been paid"

Right, well, if they want him to resign, I suggest he tells them he will resign, with immediate effect, on full payment of his outstanding salary/commission/expenses. He should insist that this is paid either as a same day BACS transfer into his bank, or as cash, don't accept a rubber cheque.

Failing that, he needs to get a written statement of his outstanding salary/commission/expenses, signed by a director, along with a written undertaking that it will be paid by the month-end. Then at least he has a document to take legal action with. But that wouldn't be my chosen option.

If he is going anyway, he can clearly say why he wants his money.

I wish him luck.

[fruitstick]

Clumsy that's a good plan.

He mocked when he said I would consult The Mumsnet.

Little does he know ................

[clumsymum]

just wondering how he got on, Fruitstick ?