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Resigning during probation period: what if the required notice goes “beyond†the probation period? [closed]
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My contract states that, during my probation period, I can leave the company with a one week notice. After the probation period, a 3 months notice is required. My probation period ends tomorrow. Can I still resign today and terminate my employment in one week?
resignation contracts probation
asked May 15 '14 at 10:57
Will
1612
closed as off-topic by Jim G., gnat, jcmeloni, Michael Grubey, jmort253♦ May 22 '14 at 5:15
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Jim G., gnat, jcmeloni, Michael Grubey, jmort253
 |Â
show 4 more comments
up vote
1
down vote
favorite
My contract states that, during my probation period, I can leave the company with a one week notice. After the probation period, a 3 months notice is required. My probation period ends tomorrow. Can I still resign today and terminate my employment in one week?
resignation contracts probation
asked May 15 '14 at 10:57
Will
1612
closed as off-topic by Jim G., gnat, jcmeloni, Michael Grubey, jmort253♦ May 22 '14 at 5:15
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Jim G., gnat, jcmeloni, Michael Grubey, jmort253
2
I think this might be a legal question since it relies on interpretation and adherence to a contract. I believe SE community also does NOT have a law SE because giving legal advice leaves one open to liability. I'm really not sure this question is ON-TOPIC.
– d'alar'cop
May 16 '14 at 13:27
1
*comments removed* remember what comments are for
– jmac
May 18 '14 at 14:49
Hi Will, welcome to The Workplace. Unfortunately, due to the legal nature of this question and it's broad nature, I don't see us being able to answer this definitively with facts and research. Check out help center for the list of topics our site covers. Thanks for participating and hope this helps.
– jmort253♦
May 22 '14 at 5:17
This is a quite good question.
– Nicolas Barbulesco
Jun 8 '14 at 18:36
@d'alar'cop — Giving legal advice does not leave one open to liability more than giving cooking advice.
– Nicolas Barbulesco
Jun 8 '14 at 18:38
 |Â
show 4 more comments
up vote
1
down vote
favorite
up vote
1
down vote
favorite
My contract states that, during my probation period, I can leave the company with a one week notice. After the probation period, a 3 months notice is required. My probation period ends tomorrow. Can I still resign today and terminate my employment in one week?
resignation contracts probation
asked May 15 '14 at 10:57
Will
1612
My contract states that, during my probation period, I can leave the company with a one week notice. After the probation period, a 3 months notice is required. My probation period ends tomorrow. Can I still resign today and terminate my employment in one week?
resignation contracts probation
asked May 15 '14 at 10:57
Will
1612
asked May 15 '14 at 10:57
Will
1612
asked May 15 '14 at 10:57
Will
1612
asked May 15 '14 at 10:57
Will
1612
1612
closed as off-topic by Jim G., gnat, jcmeloni, Michael Grubey, jmort253♦ May 22 '14 at 5:15
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Jim G., gnat, jcmeloni, Michael Grubey, jmort253
closed as off-topic by Jim G., gnat, jcmeloni, Michael Grubey, jmort253♦ May 22 '14 at 5:15
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Jim G., gnat, jcmeloni, Michael Grubey, jmort253
2
I think this might be a legal question since it relies on interpretation and adherence to a contract. I believe SE community also does NOT have a law SE because giving legal advice leaves one open to liability. I'm really not sure this question is ON-TOPIC.
– d'alar'cop
May 16 '14 at 13:27
1
*comments removed* remember what comments are for
– jmac
May 18 '14 at 14:49
Hi Will, welcome to The Workplace. Unfortunately, due to the legal nature of this question and it's broad nature, I don't see us being able to answer this definitively with facts and research. Check out help center for the list of topics our site covers. Thanks for participating and hope this helps.
– jmort253♦
May 22 '14 at 5:17
This is a quite good question.
– Nicolas Barbulesco
Jun 8 '14 at 18:36
@d'alar'cop — Giving legal advice does not leave one open to liability more than giving cooking advice.
– Nicolas Barbulesco
Jun 8 '14 at 18:38
 |Â
show 4 more comments
2
I think this might be a legal question since it relies on interpretation and adherence to a contract. I believe SE community also does NOT have a law SE because giving legal advice leaves one open to liability. I'm really not sure this question is ON-TOPIC.
– d'alar'cop
May 16 '14 at 13:27
1
*comments removed* remember what comments are for
– jmac
May 18 '14 at 14:49
Hi Will, welcome to The Workplace. Unfortunately, due to the legal nature of this question and it's broad nature, I don't see us being able to answer this definitively with facts and research. Check out help center for the list of topics our site covers. Thanks for participating and hope this helps.
– jmort253♦
May 22 '14 at 5:17
This is a quite good question.
– Nicolas Barbulesco
Jun 8 '14 at 18:36
@d'alar'cop — Giving legal advice does not leave one open to liability more than giving cooking advice.
– Nicolas Barbulesco
Jun 8 '14 at 18:38
2
2
I think this might be a legal question since it relies on interpretation and adherence to a contract. I believe SE community also does NOT have a law SE because giving legal advice leaves one open to liability. I'm really not sure this question is ON-TOPIC.
– d'alar'cop
May 16 '14 at 13:27
I think this might be a legal question since it relies on interpretation and adherence to a contract. I believe SE community also does NOT have a law SE because giving legal advice leaves one open to liability. I'm really not sure this question is ON-TOPIC.
– d'alar'cop
May 16 '14 at 13:27
1
1
*comments removed* remember what comments are for
– jmac
May 18 '14 at 14:49
*comments removed* remember what comments are for
– jmac
May 18 '14 at 14:49
Hi Will, welcome to The Workplace. Unfortunately, due to the legal nature of this question and it's broad nature, I don't see us being able to answer this definitively with facts and research. Check out help center for the list of topics our site covers. Thanks for participating and hope this helps.
– jmort253♦
May 22 '14 at 5:17
Hi Will, welcome to The Workplace. Unfortunately, due to the legal nature of this question and it's broad nature, I don't see us being able to answer this definitively with facts and research. Check out help center for the list of topics our site covers. Thanks for participating and hope this helps.
– jmort253♦
May 22 '14 at 5:17
This is a quite good question.
– Nicolas Barbulesco
Jun 8 '14 at 18:36
This is a quite good question.
– Nicolas Barbulesco
Jun 8 '14 at 18:36
@d'alar'cop — Giving legal advice does not leave one open to liability more than giving cooking advice.
– Nicolas Barbulesco
Jun 8 '14 at 18:38
@d'alar'cop — Giving legal advice does not leave one open to liability more than giving cooking advice.
– Nicolas Barbulesco
Jun 8 '14 at 18:38
 |Â
show 4 more comments
2 Answers
2
active
oldest
votes
up vote
3
down vote
As you stated:
during my probation period, I can leave the company with a one week notice
If that is written in the contract then up to and including the last day of your probation, you, or the company, can give the other 1 weeks notice.
answered May 15 '14 at 13:38
Coops
1313
But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period.
– Nicolas Barbulesco
Jun 8 '14 at 18:44
1
@NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here)
– Marv Mills
Jun 2 '15 at 14:33
1
@MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least.
– Nicolas Barbulesco
Oct 7 '15 at 11:06
add a comment |Â
up vote
1
down vote
My contract states that, during my probation period, I can leave the
company with a one week notice. […] Can I still resign today and terminate my
employment in one week?
Yes. Contracts are not fuzzy things. They are a strict outline of terms in which you and the other party agree do. Did you agree to those terms? Yes. Did they agree to those terms? Yes. Then there should be no issue with resigning.
But from the tone of your question you seem to be worried that someone would be upset about you making the decision so late in the process. If that is the case, don’t worry about that. The contract is there to spell out the terms clearly. And you are acting in those terms.
If there is a fear that ending a contract this way would ruin chances of a reference or future work, that is another topic. But in general if you are fearful of the person you have a contract with to the point you are frozen, you should just weigh your options—like resigning today—and move on.
answered May 15 '14 at 14:40
JakeGould
6,5821739
1
Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea.
– Coops
May 15 '14 at 18:12
add a comment |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
3
down vote
As you stated:
during my probation period, I can leave the company with a one week notice
If that is written in the contract then up to and including the last day of your probation, you, or the company, can give the other 1 weeks notice.
answered May 15 '14 at 13:38
Coops
1313
But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period.
– Nicolas Barbulesco
Jun 8 '14 at 18:44
1
@NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here)
– Marv Mills
Jun 2 '15 at 14:33
1
@MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least.
– Nicolas Barbulesco
Oct 7 '15 at 11:06
add a comment |Â
up vote
3
down vote
As you stated:
during my probation period, I can leave the company with a one week notice
If that is written in the contract then up to and including the last day of your probation, you, or the company, can give the other 1 weeks notice.
answered May 15 '14 at 13:38
Coops
1313
But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period.
– Nicolas Barbulesco
Jun 8 '14 at 18:44
1
@NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here)
– Marv Mills
Jun 2 '15 at 14:33
1
@MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least.
– Nicolas Barbulesco
Oct 7 '15 at 11:06
add a comment |Â
up vote
3
down vote
up vote
3
down vote
As you stated:
during my probation period, I can leave the company with a one week notice
If that is written in the contract then up to and including the last day of your probation, you, or the company, can give the other 1 weeks notice.
answered May 15 '14 at 13:38
Coops
1313
As you stated:
during my probation period, I can leave the company with a one week notice
If that is written in the contract then up to and including the last day of your probation, you, or the company, can give the other 1 weeks notice.
answered May 15 '14 at 13:38
Coops
1313
answered May 15 '14 at 13:38
Coops
1313
answered May 15 '14 at 13:38
Coops
1313
answered May 15 '14 at 13:38
Coops
1313
1313
But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period.
– Nicolas Barbulesco
Jun 8 '14 at 18:44
1
@NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here)
– Marv Mills
Jun 2 '15 at 14:33
1
@MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least.
– Nicolas Barbulesco
Oct 7 '15 at 11:06
add a comment |Â
But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period.
– Nicolas Barbulesco
Jun 8 '14 at 18:44
1
@NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here)
– Marv Mills
Jun 2 '15 at 14:33
1
@MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least.
– Nicolas Barbulesco
Oct 7 '15 at 11:06
But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period.
– Nicolas Barbulesco
Jun 8 '14 at 18:44
But then in what status would be the following week of work ? In probation period ? No, the probation period would be over. So, @Will would be in firm position, not any longer in probation period.
– Nicolas Barbulesco
Jun 8 '14 at 18:44
1
1
@NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here)
– Marv Mills
Jun 2 '15 at 14:33
@NicolasBarbulesco This is the correct answer and your comment is incorrect. Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period. Therefore there is no issue and no change to the status of the OP in the period after handing in notice whether or not that spans the end of the probation period. It is a mystery to me why this question was closed as a Legal-advice question. It is not and furthermore the answer is extremely straightforward (and as per CodeBlend's answer here)
– Marv Mills
Jun 2 '15 at 14:33
1
1
@MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least.
– Nicolas Barbulesco
Oct 7 '15 at 11:06
@MarvMills - "Probation does not end when the probation period expires, it ends when the employer confirms that probation has ended, irrespective of the status of the probation period." That is totally wrong. In my country, at least.
– Nicolas Barbulesco
Oct 7 '15 at 11:06
add a comment |Â
up vote
1
down vote
My contract states that, during my probation period, I can leave the
company with a one week notice. […] Can I still resign today and terminate my
employment in one week?
Yes. Contracts are not fuzzy things. They are a strict outline of terms in which you and the other party agree do. Did you agree to those terms? Yes. Did they agree to those terms? Yes. Then there should be no issue with resigning.
But from the tone of your question you seem to be worried that someone would be upset about you making the decision so late in the process. If that is the case, don’t worry about that. The contract is there to spell out the terms clearly. And you are acting in those terms.
If there is a fear that ending a contract this way would ruin chances of a reference or future work, that is another topic. But in general if you are fearful of the person you have a contract with to the point you are frozen, you should just weigh your options—like resigning today—and move on.
answered May 15 '14 at 14:40
JakeGould
6,5821739
1
Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea.
– Coops
May 15 '14 at 18:12
add a comment |Â
up vote
1
down vote
My contract states that, during my probation period, I can leave the
company with a one week notice. […] Can I still resign today and terminate my
employment in one week?
Yes. Contracts are not fuzzy things. They are a strict outline of terms in which you and the other party agree do. Did you agree to those terms? Yes. Did they agree to those terms? Yes. Then there should be no issue with resigning.
But from the tone of your question you seem to be worried that someone would be upset about you making the decision so late in the process. If that is the case, don’t worry about that. The contract is there to spell out the terms clearly. And you are acting in those terms.
If there is a fear that ending a contract this way would ruin chances of a reference or future work, that is another topic. But in general if you are fearful of the person you have a contract with to the point you are frozen, you should just weigh your options—like resigning today—and move on.
answered May 15 '14 at 14:40
JakeGould
6,5821739
1
Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea.
– Coops
May 15 '14 at 18:12
add a comment |Â
up vote
1
down vote
up vote
1
down vote
My contract states that, during my probation period, I can leave the
company with a one week notice. […] Can I still resign today and terminate my
employment in one week?
Yes. Contracts are not fuzzy things. They are a strict outline of terms in which you and the other party agree do. Did you agree to those terms? Yes. Did they agree to those terms? Yes. Then there should be no issue with resigning.
But from the tone of your question you seem to be worried that someone would be upset about you making the decision so late in the process. If that is the case, don’t worry about that. The contract is there to spell out the terms clearly. And you are acting in those terms.
If there is a fear that ending a contract this way would ruin chances of a reference or future work, that is another topic. But in general if you are fearful of the person you have a contract with to the point you are frozen, you should just weigh your options—like resigning today—and move on.
answered May 15 '14 at 14:40
JakeGould
6,5821739
My contract states that, during my probation period, I can leave the
company with a one week notice. […] Can I still resign today and terminate my
employment in one week?
Yes. Contracts are not fuzzy things. They are a strict outline of terms in which you and the other party agree do. Did you agree to those terms? Yes. Did they agree to those terms? Yes. Then there should be no issue with resigning.
But from the tone of your question you seem to be worried that someone would be upset about you making the decision so late in the process. If that is the case, don’t worry about that. The contract is there to spell out the terms clearly. And you are acting in those terms.
If there is a fear that ending a contract this way would ruin chances of a reference or future work, that is another topic. But in general if you are fearful of the person you have a contract with to the point you are frozen, you should just weigh your options—like resigning today—and move on.
answered May 15 '14 at 14:40
JakeGould
6,5821739
edited Jun 1 at 17:15
answered May 15 '14 at 14:40
JakeGould
6,5821739
answered May 15 '14 at 14:40
JakeGould
6,5821739
answered May 15 '14 at 14:40
JakeGould
6,5821739
6,5821739
1
Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea.
– Coops
May 15 '14 at 18:12
add a comment |Â
1
Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea.
– Coops
May 15 '14 at 18:12
1
1
Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea.
– Coops
May 15 '14 at 18:12
Good point about the reference though, that is always worth bearing in mind when you consider leaving. Burning bridges generally isn't a good idea.
– Coops
May 15 '14 at 18:12
add a comment |Â
2
I think this might be a legal question since it relies on interpretation and adherence to a contract. I believe SE community also does NOT have a law SE because giving legal advice leaves one open to liability. I'm really not sure this question is ON-TOPIC.
– d'alar'cop
May 16 '14 at 13:27
1
*comments removed* remember what comments are for
– jmac
May 18 '14 at 14:49
Hi Will, welcome to The Workplace. Unfortunately, due to the legal nature of this question and it's broad nature, I don't see us being able to answer this definitively with facts and research. Check out help center for the list of topics our site covers. Thanks for participating and hope this helps.
– jmort253♦
May 22 '14 at 5:17
This is a quite good question.
– Nicolas Barbulesco
Jun 8 '14 at 18:36
@d'alar'cop — Giving legal advice does not leave one open to liability more than giving cooking advice.
– Nicolas Barbulesco
Jun 8 '14 at 18:38