Leaving employment after 2 weeks when giving 4 weeks notice.

[ster]

Hi all, I have recently resigned my position as a chef at a restaurant. I gave four weeks notice but am only required to give two. I am now two and a bit weeks through the notice period. Can I leave now without penalty? Thanks.

[Qld IR Consultant]

If you are only required to give 2 then the only penalty would be missing out on 2 weeks pay (your working for it though) and possibly burning your bridge. I would think that it would be better to approach your employer and speak with them about finishing earlier. I would assume they are already actively trying to replace you anyway but in all honesty unless it is imperative to you taking up a new role then it doesn't sound like you have much longer to go anyway.....

[Moz]

From a moral perspective I would suggest that honour your committment and work out the notice period you gave your employer.

Unless you speak to your emloyer as Qld IR Consultant suggests and they are happy for you to finish straight away.

[ster]

From a moral perspective I would suggest that honour your committment and work out the notice period you gave your employer.

Unless you speak to your emloyer as Qld IR Consultant suggests and they are happy for you to finish straight away.

That would be ideal Moz, only they are now withholding pay I worked for over Xmas period. I have asked that the funds are deposited to my account and given a deadline, which has now passed. I would have been happy to finish at the stated date until this occured. Thanks for your responses.

[NicoleAnita]

They have absolutely no right to withhold any wages owed to you especially over the Xmas period. Why has this not been paid yet? It's February. Once you resign and complete your notice period your employer has ( depending on contracts etc) 48 hours to deposit the funds into your account once you finish up. Did they talk you into staying on another 2 weeks until they found someone? You need to ensure any money that is owed to you is paid promptly and if you don't want to work the extra week etc then tell them. You are not obliged to. To withhold any wages owed to an employee without good reason is illegal. Moral perspectives are mutual. Ensure you get a written reference off someone you trust before you leave.

[Cottoneyes]

Seen this type of thing too often in the hospitality industry. Double check your super has been paid (all super for time up to 31 December 2012 should have been received by your super fund and be in your account with them by now) and get advice on what entitlements you would be owed before leaving as well. If they have withheld pay in the past, good chance they will / have short changed you in these areas as well