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urgent help needed!
boss:
****not naming names or calling numbers****
around 18 months ago my current firm put me through my class2 driving test, shortly afterwards i was asked to sign a contract stating if i left before a 2 years hit i would have to pay it back(forget exact terminology). thats fine im willing to pay.
now i get an invoice on my pigion hole when i get back into the yard with costs including tacho card, 2 tests, a weeks training AND "1 weeks payment(of my weekly rate" AND loss of earnings to the company which its self went into the thousands. i dont see how that is on! i diddnt sign anything reguarding time in hand or loss of earnings. if they keep my week in hand and the 4 days holiday i "owe" i still owe just under a weeks money.
now im in two minds, on one side i just want to say just take it and leave me alone. cut all ties and let the brigdes burn them selves out.
the other side of me wants to turn a nasty situation into a very nasty situation and distroy all bridges.they are an IPAF training centre(training for scissorlifts and booms(cherry pickers)), i have photos if the manager who has done this to me with out a harness on in a boom which is law under IPAF regulations, deputy engineer with out a harness in a boom, the newly appointed IPAF trainer loading a boom with no harness, no hi-viz and no winch on. i also have the deputy depot manager (who got a job that i was already doing over me, then i was told to train him on how to do the job)in the basket handing over a cheery picker to a customer without a harness on.
now, if these photos were to get to IPAF (international powered access federation) im sure there would be a dispute as to wether the firm would be fit to hold the title of an ipaf training centre. if the photos were to appear on vertikal days website im sure that would cause equal ammount of headaches. along with this i could take it to court as a no win no fee which would also be an inconveniance to them even if i lost.
BUT
im not like that, i should be but im turning over a new leaf and trying to curb my temper. and just becasue they want to be viscious doesnt mean i should be. i also could do with out the stress and i dont want to put my family through anymore hassle because of this place.
so i might just go in tomorow, tell them they can keep my wages for this week and my week in hand and my holiday.i wont be working tomorow or thursday or friday and leave it at that and just walk out.
and ideas on where i stand here?
but i garentee this was presented to me outside of a work place and they spoke to me the way they did i would chin the [!Expletive Deleted!] and he wouldnt get up.
Mutz:
You need to read the contract you signed, with a magnifying glass, and see exactly where you stand legally.
If in doubt go to citizens advice, they would be able to check if the contract is worth anything or not.
Just walking out and not taking your wages etc. still might not cut it legally & you could still end up owing your company more than you think.
READ THE CONTRACT, also im pretty sure if you dont have a copy of the original contract then its not a contract that is legally binding (but im not 100% on this)
HTH
boss:
well the problem in that is its still in my tool box from when i moved it out of the yard....and thats 30 miles away.
lambert:
I fell foul of just walking out of a job once they then tried to claim all sorts back beyond any contract I had signed, so I took it all to the citizens advice and without even using a solicitor I ended up 4k+ richer as they had breached both the contract and the law. Hence forth my view has always been to be as merciless and self protective as possible in anything like this. Companies only care about making money and a penny saved is one earned it's not personal its profit so don't hold back give as good as you get.
I know it sounds trite and sound bite esq but its the only way forward, honest.
Welshbreed:
--- Quote from: lambert on July 03, 2012, 21:28:58 ---I fell foul of just walking out of a job once they then tried to claim all sorts back beyond any contract I had signed, so I took it all to the citizens advice and without even using a solicitor I ended up 4k+ richer as they had breached both the contract and the law. Hence forth my view has always been to be as merciless and self protective as possible in anything like this. Companies only care about making money and a penny saved is one earned it's not personal its profit so don't hold back give as good as you get.
I know it sounds trite and sound bite esq but its the only way forward, honest.
--- End quote ---
Agreed. Having walked out of several jobs in my time, some will be like, "fine, jobs not for you, I get it", others with try and screw you over. You should find your copy of the contract or get hold of an identical one (someone who joined the same time as you would [in theory] have the same contract) and get it over to citizens advice and/or a good lawyer.
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