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Old 18.04.2019, 13:54
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Fired without notice or pay - against work contract

Hello,

I've turned in notice at my current place of employment due to new work elsewhere. In accordance to my contract, I will be not able to leave the company for 6 weeks.

Unfortunately due to company circumstances, the job they hired me for was essentially unnecessary, and therefore for over 6 months I have shown up to work with almost zero work to do and an impending redundancy. I am happy to have found another job before this happens...but, showing up with zero work, a jerk of a boss and a long commute is now even harder.

Next week my entire team will be on leave or will be working from home. I kindly requested this as well to my boss, to which he rejected because he said "it was bad for his reputation". (I am the only one in the team he manages.) I informed him that I have been a good sport considering the circumstances and that it shouldn't be a problem to grant me this wish as I continue to fulfill my work responsibilities (which are essentially minor). He threatened that my work contract is in reflection to being in the actual office, and that if HR were to find out, they could fire me without pay. There is nothing in my work contract that states this..the only mention of contract termination, is that they must give me the same notice I gave them.

My boss is stupid enough not to remember that I have access to his work calendar, and I have seen today that he has scheduled a meeting with HR to inform them of my intentions to work from home next week and to discuss the issue further. Nice...

My question to you is, can my work fire me without pay for working from home? My contract states they must give me one months notice from the end of the month. It does not state anything about the potential of getting fired without pay due to certain circumstances. I have been an exemplary employee, showed up everyday rain or snow and have always completed my assigned tasks with a good attitude. He has nothing on me that could otherwise get me fired unless he makes something up. I am willing to fight this legally but wanted to know my rights first.

Danke
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Old 18.04.2019, 14:00
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Re: Fired without notice or pay - against work contract

Does your contract state that you can work from home?

Tom
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Old 18.04.2019, 14:05
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Re: Fired without notice or pay - against work contract

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Does your contract state that you can work from home?

Tom
There is nothing written in reflection to working from home. Company policy is in general one day per week or to be agreed with the line manager. Clearly my line manager and I don't agree...but is this enough justification to be fired without pay?
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Old 18.04.2019, 14:08
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Re: Fired without notice or pay - against work contract

Regardless of what your colleagues are doing, I would stick to what is stated in your contract from now until when you leave. No sense in rocking the boat. Your boss doesn't sound the flexible or easy-going kind.

I'm pretty sure the "firing without pay" is an empty threat as they also have contractual obligations.
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Old 18.04.2019, 14:09
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Re: Fired without notice or pay - against work contract

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There is nothing written in reflection to working from home. Company policy is in general one day per week or to be agreed with the line manager. Clearly my line manager and I don't agree...but is this enough justification to be fired without pay?
is breaking a contract enough justification to be fired, is that what you're asking?

being treated like crap once you resign is all part of the game, suck it up
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Old 18.04.2019, 14:12
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Re: Fired without notice or pay - against work contract

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is breaking a contract enough justification to be fired, is that what you're asking?

being treated like crap once you resign is all part of the game, suck it up
I am not breaking my contract... I am happy to be treated like crap, but not screwed over financially for no good reason.
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Old 18.04.2019, 14:14
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Re: Fired without notice or pay - against work contract

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I am not breaking my contract... I am happy to be treated like crap, but not screwed over financially for no good reason.
?? you said you want to work from home, your contract doesn't say you can, its not rocket science is it
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Old 18.04.2019, 14:29
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Re: Fired without notice or pay - against work contract

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?? you said you want to work from home, your contract doesn't say you can, its not rocket science is it
My contract doesn't address working from home at all - it is not in any way part of my contract. Not looking for arguments - please only constructive comments, thanks.
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Old 18.04.2019, 14:33
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Re: Fired without notice or pay - against work contract

you can be fired without pay for gross misconduct, you boss and HR dept may view not turning up for work for no other reason then you can't be arsed as gross misconduct. your call
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Old 18.04.2019, 14:35
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Re: Fired without notice or pay - against work contract

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My contract doesn't address working from home at all - it is not in any way part of my contract. Not looking for arguments - please only constructive comments, thanks.
Sorry, that wasn´t an argument from bigblue2 but a statement. If your contract or any related document does not give you the right to work from home for whatever time frame or when, you are in breach of the contract if you do work from home.
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Old 18.04.2019, 14:35
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Re: Fired without notice or pay - against work contract

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My contract doesn't address working from home at all
You just answered your own question.
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Old 18.04.2019, 14:36
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Re: Fired without notice or pay - against work contract

OK then, so if I am in breach of contract, (even though my entire team would be as well), can I still be fired WITHOUT PAY OR NOTICE?
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Old 18.04.2019, 14:36
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Re: Fired without notice or pay - against work contract

I hope you already have your reference letter from your boss too
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Old 18.04.2019, 14:38
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Re: Fired without notice or pay - against work contract

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OK then, so if I am in breach of contract, (even though my entire team would be as well), can I still be fired WITHOUT PAY OR NOTICE?
what others are doing has nothing to do with you, and yes, if they think your are guilty of gross misconduct they don't have to pay you. You are of course free to then try to sue them, how much savings do you have?
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Old 18.04.2019, 14:38
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Re: Fired without notice or pay - against work contract

carry on groaning op, I can kinda see why your boss is making your life hard, you seem like a delight.
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Old 18.04.2019, 14:40
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Re: Fired without notice or pay - against work contract

You are welcome sunshine
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Old 18.04.2019, 14:44
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Re: Fired without notice or pay - against work contract

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You are welcome sunshine
stop flirting with me
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Old 18.04.2019, 14:53
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Re: Fired without notice or pay - against work contract

Sounds like you have an unreasonable boss. Plenty of those in the world, unfortunately. I'm not a lawyer but I suppose that if you're expressly told you can't work from home, and then you do, you're guilty of insubordination or not following instructions or whatever, and they could fire you.

You say that he "has scheduled a meeting with HR to inform them of my intentions to work from home next week" so does this mean you have told him that you're going to do it, whatever he says? That's probably not wise.

Without letting on that you know he's scheduled this meeting, why not ask HR for a meeting yourself and put your side of the story? They may end up siding with you.

If that doesn't work, you may end up having to accept it if you don't want to risk being fired or getting a bad reference. You don't say how long you have left in the job but the question is whether it's worth the risk. Also, your new employer may not be too impressed if they find you were fired for arguing with your boss.

Good luck.
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Old 18.04.2019, 14:58
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Re: Fired without notice or pay - against work contract

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I kindly requested this as well to my boss, to which he rejected
Request denied, case closed. For the rest see bigblue2's post #5.
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Old 18.04.2019, 14:59
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Re: Fired without notice or pay - against work contract

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You just answered your own question.
My last contract didn't say anything about working from home but all of us did so fairly regularly, depending on whether it was the sort of role where that was practical. If a contract specifically forbids you from working from home (quite common in banking for instance, where they're very security conscious) that's one thing. If it doesn't mention it at all, that's quite another. Sounds like the OP's colleagues are free to do it but she isn't, down to the whim of her boss. So it's not quite so simple as whether it's mentioned.
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