Current Events > New job wants me to start before my notice period at old job

(+) Yeah! (+)

I have a notice period of 3 months from the end of the current month. I just got an offer asking if I could start on August 1st.

Unfortunately, I still have to give notice to my current job. I'm confident in the notice going in by the end of May, but that would mean being able to start Sep 1st at the earliest. Plus I'd have to move halfway across the country etc

Am I screwed?

Is this in the U.S.? Also 3 months is ridiculous, what are you a secret agent? Do you like your old job? Are they loyal or are you just a good person with a sense of loyalty? Are you getting a better job?

No. Just explain this to them.

What do you do that you have to give three months notice?

Why is there even a doubt you could get the notice done in May. Just sent an email.

teep_ posted...

Unfortunately, I still have to give notice to my current job.

Are you under contract, or just the professional expectation to give 3 months?

Would your current job give you three months notice before firing you?

alfred_ashford posted...

Is this in the U.S.? Also 3 months is ridiculous, what are you a secret agent? Do you like your old job? Are they loyal or are you just a good person with a sense of loyalty? Are you getting a better job?

Nope
Production manager
Not really
I'm too loyal, plus it's in my contract
Hopefully

whitelytning posted...

No. Just explain this to them.

What do you do that you have to give three months notice?

Why is there even a doubt you could get the notice done in May. Just sent an email.

See above

The law requires a letter. Potential assholes being potential assholes, I'd send the letter with delivery confirmation etc so that it's airtight

DnDer posted...

Are you under contract, or just the professional expectation to give 3 months?

Under contract

And yeah, my current job is required by law to give me the same amount of notice I have to give them

Wait, are legally required to give a letter of notice to take a position at another company? 3 months notice is stipulated in the employment contract? I always figured the worker had more power in Germany.

If the new job won't work with some thing you're LEGALLY REQUIRED TO DO, do you really want to work for them anyway?

teep_ posted...

And yeah, my current job is required by law to give me the same amount of notice I have to give them

Then you have to tell your new employers about your contract and what you're bound to. They should have asked during the interview before making you the offer...

The only other option is seeing if you can be let out of your contract early, because of circumstances. I don't know if they can or would, but you can certainly ask.

Still, though. That should be on your new employer to give you the time to fulfill your legal obligations if they want you on the team.

DnDer posted...

Then you have to tell your new employers about your contract and what you're bound to. They should have asked during the interview before making you the offer...

The only other option is seeing if you can be let out of your contract early, because of circumstances. I don't know if they can or would, but you can certainly ask.

Still, though. That should be on your new employer to give you the time to fulfill your legal obligations if they want you on the team.

Pretty much this. That's a shitty situation and personally I think 3 months is an insanely long time.

Just do the 90s sitcom where you run back and forth between both jobs

You either see if your current employer is content with a shorter notice period, or you tell your new employer that you won't be able to start until later. If they've gone through the bother of recruiting you, they'll just wait an extra month. Don't worry about it.

I've also got a 3 month notice period (in the UK), and it's common across all of the more senior staff in my organisation.

_____Cait posted...

Just do the 90s sitcom where you run back and forth between both jobs

This is the way.

A 3 month notice period being legally binding is insane, and in stunned that it's actually legal.

But obviously you need to talk to the new employer and explain the situation. If they won't budge then talk to your current employer and try to see if you can negotiate down.

If the three month notice isn't legally binding, then just quit when the new job wants you to start. I know you say it's a contract, but what are the ramifications of violating the contract?

GeraldDarko posted...

Wait, are legally required to give a letter of notice to take a position at another company? 3 months notice is stipulated in the employment contract? I always figured the worker had more power in Germany.

You're legally required to give written notice when quitting/being fired. My particular contract stipulates 3 months.

Workers do have more power in general, my employer is just scummy and was never called out on it.

DnDer posted...

Then you have to tell your new employers about your contract and what you're bound to. They should have asked during the interview before making you the offer...

The only other option is seeing if you can be let out of your contract early, because of circumstances. I don't know if they can or would, but you can certainly ask.

Still, though. That should be on your new employer to give you the time to fulfill your legal obligations if they want you on the team.

I told the interviewer, it seems there was a miscommunication between him and HR

Letting me out of my contract early is definitely a thing that's possible, but no idea if my employer would agree. Can't hurt to ask though.

Compsognathus posted...

A 3 month notice period being legally binding is insane, and in stunned that it's actually legal.

But obviously you need to talk to the new employer and explain the situation. If they won't budge then talk to your current employer and try to see if you can negotiate down.

If the three month notice isn't legally binding, then just quit when the new job wants you to start. I know you say it's a contract, but what are the ramifications of violating the contract?

If I were to violate my contract, they'd sue me for breach of contract. Happened to someone else before my time (allegedly): they gave him an oral OK that he could leave early, then sued him when he ended up leaving on the basis that they didn't have anything in writing. The courts ruled in his favour, since an oral agreement is still an agreement, but a court case during a cross country job change is a headache I'd rather avoid.

Hmm
I assume you relinquish benefits or contributions they would payout? or would they sue you? Could you persuade the prospective employer to buyout your contract?

What would happen if you breached contract

A 3 month notice sounds horrifically anti-employee in a way I'm kinda shocked to hear about in Europe. I get that the 3 months also applies to employers but like, just because they are the same doesn't mean it's equal. As 3 months impairs employee opportunities a lot more than employers.

But assuming that's the norm I assume there has to be some sort of understanding. Like your new employer paying off your contract if they want you sooner than the contract allows.

GeraldDarko posted...

Hmm
I assume you relinquish benefits or contributions they would payout? or would they sue you? Could you persuade the prospective employer to buyout your contract?

It's possible, but idk how willing they'd be

Compsognathus posted...

A 3 month notice sounds horrifically anti-employee in a way I'm kinda shocked to hear about in Europe. I get that the 3 months also applies to employers but like, just because they are the same doesn't mean it's equal. As 3 months impairs employee opportunities a lot more than employers.

But assuming that's the norm I assume there has to be some sort of understanding. Like your new employer paying off your contract if they want you sooner than the contract allows.

Most contracts I've seen are 4 or 8 weeks, mine is somewhat out of the norm in that regard