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Pillowpants
Aug 5, 2006

Eric the Mauve posted:

Pillowpants, there are definitely real and substantial drawbacks to not giving notice, but in your specific situation I think the risk of your offer getting pulled at the 11th hour because some HR or Legal rear end in a top hat suddenly decides to spike you because of the bankruptcy/legal stuff is too substantial and you may just have to burn the bridge by resigning without notice.

Have you actually explained this to New Employer and said "hey, as a professional courtesy I would really like to give my current employer two weeks notice but obviously I don't want to do that until everything is finished and official with you, can we push back my start date to two weeks after that happens?"

Yeah, that’s why my start date is 8/1 and not 7/25

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Eric the Mauve
May 8, 2012

Making you happy for a buck since 199X
Yeah but now they're delaying it such that it won't be official with Newco until 8/1? Or am I reading your posts wrong.

fourwood
Sep 9, 2001

Damn I'll bring them to their knees.
Feels like “how about I start 2 weeks after whenever the background check clears” time. But obviously you’re in an unenviable position and I hope it works out for you. :(

Absurd Alhazred
Mar 27, 2010

by Athanatos

Arquinsiel posted:

I think those are already the kinds of jobs where they don't think you are as easily replaceable as a McDonalds burger flipper, regardless of whether or not that's true.

So I don't really understand why it's relevant to bring it up in this thread. :shrug:

Anyway, when I was moving from one job to the next in Israel, that has advance notice requirements, I was very clear when discussing it with my new employers that I'll be starting two weeks after they give me the final go-ahead because I'll need to give notice. It seems like one of those things that are worth setting clearly even if that notice is technically a courtesy on your part.

KYOON GRIFFEY JR
Apr 12, 2010



Runner-up, TRP Sack Race 2021/22

Absurd Alhazred posted:

I signed some piece of paper setting out the terms of my employment in all types of employment I had here in the US in the last ten years. That included as a TA, as a research assistant, and as an employee of at this point two tech companies. What makes those not employment contracts? Or am I unusual? I don't think I'm unusual for the purpose of jobs discussed in this thread, at least.

is there anything in there about a notice period because i think it's highly unlikely.

Absurd Alhazred
Mar 27, 2010

by Athanatos

KYOON GRIFFEY JR posted:

is there anything in there about a notice period because i think it's highly unlikely.

At least one did, yes.

Pillowpants
Aug 5, 2006

Eric the Mauve posted:

Yeah but now they're delaying it such that it won't be official with Newco until 8/1? Or am I reading your posts wrong.

No I’m just trying to be proactive. Two weeks would require the check to come back today or Monday.

Arquinsiel
Jun 1, 2006

"There is no such thing as society. There are individual men and women, and there are families. And no government can do anything except through people, and people must look to themselves first."

God Bless Margaret Thatcher
God Bless England
RIP My Iron Lady

Absurd Alhazred posted:

So I don't really understand why it's relevant to bring it up in this thread. :shrug:

Anyway, when I was moving from one job to the next in Israel, that has advance notice requirements, I was very clear when discussing it with my new employers that I'll be starting two weeks after they give me the final go-ahead because I'll need to give notice. It seems like one of those things that are worth setting clearly even if that notice is technically a courtesy on your part.
If you're outside the USA then McDonalds will probably expect two weeks notice too.

Eric the Mauve
May 8, 2012

Making you happy for a buck since 199X

Pillowpants posted:

No I’m just trying to be proactive. Two weeks would require the check to come back today or Monday.

Okay, well, proactive would be

fourwood posted:

Feels like “how about I start 2 weeks after whenever the background check clears” time.

If they say no then you have to make that tough decision we've talked about, but it feels premature to worry about that until after you've asked them to make the start date 2 weeks after the background check clears and they've said no. A reasonable company really should be fine with that though. I mean that's what I would expect even if I know there's nothing on my background check--no way in hell am I nuking my current job until I have the offer signed sealed and delivered with no caveats.

Absurd Alhazred
Mar 27, 2010

by Athanatos

Arquinsiel posted:

If you're outside the USA then McDonalds will probably expect two weeks notice too.

I did quit retail, by the way. Length of notice for that type of job depends on how long you worked there. It was cumulative. I worked there for more than a year, so had to give the full two weeks.

spf3million
Sep 27, 2007

hit 'em with the rhythm

Eric the Mauve posted:

If they say no then you have to make that tough decision we've talked about, but it feels premature to worry about that until after you've asked them to make the start date 2 weeks after the background check clears and they've said no. A reasonable company really should be fine with that though. I mean that's what I would expect even if I know there's nothing on my background check--no way in hell am I nuking my current job until I have the offer signed sealed and delivered with no caveats.
Agreed. A reasonable company will understand and accommodate.

Pillowpants
Aug 5, 2006
Background check is back

They checked

Current Employment
Past Employment (7 years)
SSN Validation
Education
National Sex Offender Registry
Widescreen Plus National Criminal Search

They did NOT check my credit or civil litigation.

Looks like im in the clear!

deported to Canada
Jun 1, 2006

Time to schedule an appointment in your bosses calendar.

Nicely done btw.

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

Pillowpants posted:

Background check is back

They checked

Current Employment
Past Employment (7 years)
SSN Validation
Education
National Sex Offender Registry
Widescreen Plus National Criminal Search

They did NOT check my credit or civil litigation.

Looks like im in the clear!

Congrats. I know it's been a journey, but looks like it's all going to work out.

Pillowpants
Aug 5, 2006

skipdogg posted:

Congrats. I know it's been a journey, but looks like it's all going to work out.

I guess that’s what I get for being a pushover and letting the wife max out our credit cards, and then writing an article that got me sued for defamation lol

Parallelwoody
Apr 10, 2008


Just to clarify some things I've read over the past 30 posts, keeping in mind this is for the US: there is no notice requirement unless you've signed a contract stating such. The downside is that you may be marked ineligible for rehire, which will likely show up on a future background check depending on the company you've received an offer from, which absolutely can wreck your future employment opportunities depending on the company you're trying to get hired at. Walking out with your pay is a state specific law and not common in the US, you will usually receive your pay on the day you normally would. Paying out PTO is also state and company specific - some states require it, some companies do it anyway, regardless of whether you quit or were fired or what have you.

Lockback
Sep 3, 2006

All days are nights to see till I see thee; and nights bright days when dreams do show me thee.

Absurd Alhazred posted:

At least one did, yes.

It's probably not enforceable in the US, unless you live in Montana. At-Will means you can lose your job or quit without repercussions. In order to waive those rights, typically a contract has to include clauses and penalties, and typically some kind of bonus as incentive. Like a sales job might waive your right to terminate employment in exchange for a golden parachute or a upfront bonus that they will expect back if you violate the terms. Otherwise the contract can say whatever it wants, its not binding.

Basically, a company cannot force you to keep working (that's slavery) and it cannot penalize you monetarily in a way that reduces your wage.


Note: This does not apply as part of a Collectively Bargained Union agreement, in that case you can change the rules.

Lockback fucked around with this message at 20:15 on Jul 15, 2022

Lockback
Sep 3, 2006

All days are nights to see till I see thee; and nights bright days when dreams do show me thee.
I will say, being able to terminate easier in the USA has also meant at the global companies I've worked at is we've hired more aggressively in the US than in the EU. While we were more likely to lay people off in the US, in balance I think this tends to benefit the worker more as EU companies tend to grow more slowly and conservatively, and utilize contracting more.

The ideal state is at-will employment with a sturdy safety net so you aren't hosed if you are out of work for a while. Sadly the US is majorly lacking in the latter.

Absurd Alhazred
Mar 27, 2010

by Athanatos

Lockback posted:

Basically, a company cannot force you to keep working (that's slavery)

They can sure try!

Mniot
May 22, 2003
Not the one you know

Parallelwoody posted:

The downside is that you may be marked ineligible for rehire, which will likely show up on a future background check

What? No. How/why would this possibly show up on a background check?

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.

Mniot posted:

What? No. How/why would this possibly show up on a background check?

It will show up on reference check

Absurd Alhazred
Mar 27, 2010

by Athanatos
Not to mention the vibe check.

qsvui
Aug 23, 2003
some crazy thing

leper khan posted:

It will show up on reference check

But surely you wouldn't cite them as a reference, right?

Parallelwoody
Apr 10, 2008


Mniot posted:

What? No. How/why would this possibly show up on a background check?

Sorry, I should have specified - larger companies will use a vendor that rolls the criminal checks and employment checks into one. So if you say you worked at zed electronics on your resume, they are going to check that's factual with the dates and title. They may try to ask salary, and depending on the hr person they get on the phone, they may get it too. Part of that check is "eligible for rehire?" If you don't list them, nobody will know, however.

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.

qsvui posted:

But surely you wouldn't cite them as a reference, right?

My former employer? Yes, I list all my employers.

qhat
Jul 6, 2015


Employers almost always, for important legal reasons, have policies where they do not confirm the reasons an employee left. Literally 99 times out of 100 they will just confirm they worked there for a given period of time and nothing more.

Parallelwoody
Apr 10, 2008


qhat posted:

Employers almost always, for important legal reasons, have policies where they do not confirm the reasons an employee left. Literally 99 times out of 100 they will just confirm they worked there for a given period of time and nothing more.

That is not true at all.

qhat
Jul 6, 2015


Parallelwoody posted:

That is not true at all.

Since when?

qhat
Jul 6, 2015


Speaking as a hiring manager, I can’t count the number of times I’ve heard that a candidate’s employer refused to divulge the reasons they left. In fact I’m not sure I’ve ever heard of an employer saying a candidate was fired. As an employee, I’ve also seen the background reports that have been done on me and surprise, none of my employers divulged why I left either positive or negative, just confirmed that I worked there. Maybe I’m an outlier though IDK.

Zauper
Aug 21, 2008


qhat posted:

Speaking as a hiring manager, I can’t count the number of times I’ve heard that a candidate’s employer refused to divulge the reasons they left. In fact I’m not sure I’ve ever heard of an employer saying a candidate was fired. As an employee, I’ve also seen the background reports that have been done on me and surprise, none of my employers divulged why I left either positive or negative, just confirmed that I worked there. Maybe I’m an outlier though IDK.

As a hiring manager, have you ever asked (or had HR ask) "are they eligible for rehire"?

Usually HR will give you that even if they don't tell you why someone left.

And even that depends heavily on company. Most large (fortune 500) companies have policies against saying anything other than yes they worked here on dates, but smaller companies are heavily hit or miss.

This story: https://www.reddit.com/r/BestofRedd...tm_source=share ends with him failing to get a new job and wife finding out why he was fired because the new company called the old and got told why he was fired.

fourwood
Sep 9, 2001

Damn I'll bring them to their knees.

Zauper posted:

As a hiring manager, have you ever asked (or had HR ask) "are they eligible for rehire"?

Usually HR will give you that even if they don't tell you why someone left.

And even that depends heavily on company. Most large (fortune 500) companies have policies against saying anything other than yes they worked here on dates, but smaller companies are heavily hit or miss.

This story: https://www.reddit.com/r/BestofRedd...tm_source=share ends with him failing to get a new job and wife finding out why he was fired because the new company called the old and got told why he was fired.
I so want to believe this is all real. :stonk:

Mniot
May 22, 2003
Not the one you know

Zauper posted:

This story: https://www.reddit.com/r/BestofRedd...tm_source=share ends with him failing to get a new job and wife finding out why he was fired because the new company called the old and got told why he was fired.

It's a great story, but I also feel like it's an outlier because the guy was director-level and did something gross enough that the hotel banned his entire company.

I'm sure James Damore's past behavior makes future employment more difficult, too. But we're talking about walking off the job vs two weeks' notice. At worst, that should cause two weeks of inconvenience for your employer.

Arquinsiel
Jun 1, 2006

"There is no such thing as society. There are individual men and women, and there are families. And no government can do anything except through people, and people must look to themselves first."

God Bless Margaret Thatcher
God Bless England
RIP My Iron Lady
You can find out what he did in the comments. It's pretty :allears: that he decided to water it down to where he did and think that level made him look like the good guy.

Not a Children
Oct 9, 2012

Don't need a holster if you never stop shooting.

All it took was an ask and a recent considerable offer got a ~4.5% bump with matching signing bonus

Don't ask, don't get. Never don't negotiate

Pillowpants
Aug 5, 2006
Im in payroll - which is in HR at my current company, so I am responsible for all the verifications of employment. I’ve probably done over 1000 in my tenure and I can count on one time I’ve said someone was not eligible for rehire.

Eric the Mauve
May 8, 2012

Making you happy for a buck since 199X

Arquinsiel posted:

You can find out what he did in the comments. It's pretty :allears: that he decided to water it down to where he did and think that level made him look like the good guy.

A total sociopath, and in truth the only thing that stopped him from climbing into the C-suite was stupidity and alcoholism.

Xguard86
Nov 22, 2004

"You don't understand his pain. Everywhere he goes he sees women working, wearing pants, speaking in gatherings, voting. Surely they will burn in the white hot flames of Hell"
At least where I work, we know "Ineligible to rehire" can royally gently caress someone and most firings aren't that cut and dry so it's rarely used.

Idk if that's widespread, only been in mgmt here.

Sundae
Dec 1, 2005

Xguard86 posted:

At least where I work, we know "Ineligible to rehire" can royally gently caress someone and most firings aren't that cut and dry so it's rarely used.

Idk if that's widespread, only been in mgmt here.

quote:

Im in payroll - which is in HR at my current company, so I am responsible for all the verifications of employment. I’ve probably done over 1000 in my tenure and I can count on one time I’ve said someone was not eligible for rehire.

PFE used that term for everyone who left under their big layoff waves from 2009-2012. They were using it to placehold that as part of the severance agreement, we'd all agreed that we could not be rehired by PFE for (six? twelve? I don't remember the duration anymore) months after accepting a severance package. A few of my coworkers who were in the layoff got hosed by that when they tried to get other jobs, because not many prospective employers are going to give the candidate a chance to explain anything from the background check. My next employer after PFE only checked my personal references and didn't verify my past employment or income, so it didn't end up mattering to me at least. Best layoff ever, honestly.

Sundae
Dec 1, 2005

fourwood posted:

I so want to believe this is all real. :stonk:

Yeah, but almost certainly nope. At bare minimum, the follow-up post claiming to be his wife is fake.

"Hey, I'm the wife of X and can't contact my husband. Can you connect me to him?"
"X? Never heard of him. Let me send you to the hiring manager."
"Hiring manager here. Hello, unverifiable spouse of this person. No, he doesn't work here, and furthermore, here's a bunch of poo poo that we'll tell you about him, unverifiable spouse."

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Pillowpants
Aug 5, 2006

Sundae posted:

PFE used that term for everyone who left under their big layoff waves from 2009-2012. They were using it to placehold that as part of the severance agreement, we'd all agreed that we could not be rehired by PFE for (six? twelve? I don't remember the duration anymore) months after accepting a severance package. A few of my coworkers who were in the layoff got hosed by that when they tried to get other jobs, because not many prospective employers are going to give the candidate a chance to explain anything from the background check. My next employer after PFE only checked my personal references and didn't verify my past employment or income, so it didn't end up mattering to me at least. Best layoff ever, honestly.

I’d love to know where you work now - I’m switching from energy to biotech (staff function) and have nev r been in the biotech world

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