Subcultural engagement for the 21st Century...
Barbelith is a new kind of community (find out more)...
You can login or register.

Underground > Conversation >

How do you know if you're fired?

22:02 / 28.01.03

I was wondering if anyone around here knew anything about employment law. More specifically about the procedure for terminating employment.

I've been in limbo for a couple of months now as the company I work(ed) for found I was temporarily surplus to requirements. I was told that they wanted me to take on some different responsibilities but that this couldn't heppen just yet. In the meantime, although I've never had a written contract I was being paid at a reduced rate until they were ready for me to take up the new job. Or so I thought. The cheques kept coming until Christmas, but I've just had an email from my boss saying that I'm not employed by them and 'shouldn't think that I am'. I think someone's missed a stage out here. This is the first time he's indicated this to me but it's all been so informal that I've got nothing in writing. Thing is, I like the guy and the last thing I want to do (or probably can do) is to get heavy about this, but being in a situation were I thought I was employed and therefore had to be available to actually do something at any moment, I couldn't go out and just get another job. Any wise heads want to tell me just how fucked I am?

The Return Of Rothkoid

22:43 / 28.01.03

With no written contract, you are, indeed, probably fucked. As I found out, contracts don't actually mean shit if somewhere wants to get rid of you, but it does make it a little easier. In this case, they could probably claim you were freelance and therefore they were under no obligation to you, other to pay you for the work you did, and to tell you when they wanted more.

Sorry. And while it's not much help now, and I learned it the hard way too, getting everything in writing with jobs is crucial. No matter how buddy-buddy things are, they can (and unfortunately, often do) go tits-up and all that goodwill evaporates.

23:02 / 28.01.03

you might want to contact your local (un)employment office.

Goodness Gracious Meme

09:07 / 29.01.03

That's outrageous.

You also might want to try your local CAB, you can probably see someone who specialises in employment law, just to check all the angles, always worth getting an educated opionion on these things... but things don't sound good, I'm afraid.

One thing worth bearing in mind is, is it worth trying to get something out of your boss that says you didn't *choose to leave*, in case you're planning on claming JSA/income support while you look for another job, as you'll need to be able to prove this.* They won't often backdate you, but if you boss will , in exchange for you leaving him alone, produce something that says you were hanging around waiting for work that never materialised, it might be possible. Check this with your JobCentre...

*alternatively, you could lie and say you were on a temp contract that expired. worked for me when I lived in london. depends on your honesty/needing money ratio, really...

And this is annoying, stable-door advice, but *always*, *always* get a contract, no matter how affable the person you're working for. It's your only protection against being fucked over. Which, however accidentally, unintentionally etc, is what has happened to you.

A contract binds you to certain conditions, of course, but also details *the responsibilites of your employer to you* As far as I can tell, you're not actually a handmaid, so these are just as important as what you do for him.

Refuse to work until you get it, if neccessary, as it's I'm pretty sure there must be a legally grey area over whether you're allowed to work without one.

Hope things turn out ok, good luck, hon.

10:16 / 29.01.03

Thanks all. Yeah, it seems that there is bugger all I can do about it. To be even handed, ex-boss claims it is all a huge misunderstanding - he fired me in November and was just being nice since. Just wish he told me but I can't see how tossing anything out of the pram at this stage will get me anything but a sore throat and make a mutual friend uncomfortable. Anyone looking for a large waste of space with a view to long term enployment?

Goodness Gracious Meme

10:55 / 29.01.03

ah oh. gah. that's difficult.

but and find your own mission statement, Orr, that's mine.

considered handmaiden work, btw?

Whisky Priestess

14:49 / 29.01.03

Orr: you're stuffed. In fact, if you've been hanging around doing nothing for these guys since November, you were lucky to get paid at all for your period of literal (if not official) unemployment.

You should either have clarified things with the boss much earlier (perhaps you tried, or was it an ostrich moment?) or - seeing as you were not bound on your side either by any written contract - gone out and got a temp job of some kind: if they had needed you again suddenly you could have claimed sudden illness/amazing job offer and ditched the temp job - nothing easier.

Instead you chose not to - fair enough, and there's no doubt these guys were cowards not to tell you what was going on - but frankly, if they've kept you on the payroll for a couple of months when you were not doing any *actual* work for them, I would just take the money and run.

Fortunately one of my old agencies just called me up asking if I knew of anyone looking for permanent work (clerical/secretarial I fear, but better than nothing) - so give me a ring and I'll give you their contact details.

15:46 / 29.01.03

Once you get this all settled, once you are ready to laugh at it, go out and rent the movie Office Space.

Whisky Priestess

16:09 / 29.01.03

But don't watch this week's Jennifer Aniston movie, The Good Girl, because it sucks rather.