A disclaimer in your two week notice?

[tailfins]

My current gig ends in January. Not wanting to be unemployed, I secured a new gig that begins at the end of November. I was considering putting a disclaimer in my notice as follows:


This is a notice that I will begin a new opportunity. It is NOT a resignation. In the unlikely event the new opportunity fails to materialize, I will continue to be available for work after this two week notice. If this company wishes to terminate my employment, they will need to initiate that action.

I was thinking such a disclaimer would mean that you are still eligible for unemployment if the new opportunity happens to get cancelled. Plus when a "two week notice" is expected, never is an expectation to resign communicated.

Thoughts?

[fj1200]

... they will need to initiate that action.

Thoughts?

It does you no favors and makes you look demanding IMO.

[jimnyc]

My current gig ends in January. Not wanting to be unemployed, I secured a new gig that begins at the end of November. I was considering putting a disclaimer in my notice as follows:



I was thinking such a disclaimer would mean that you are still eligible for unemployment if the new opportunity happens to get cancelled. Plus when a "two week notice" is expected, never is an expectation to resign communicated.

Thoughts?

Do you have a CONTRACT? If not, the day you put in any type of notice, they can terminate your employment at that very moment, without paying you for any notice term you placed. In other words, you place 2 weeks notice, they tell you to leave on the spot. They don't owe you for those 2 weeks. A long held misconception is that an employer needs to pay the time difference if they term the employment earlier. Having a contract is different of course.

My opinion? Remain is professional as possible. Don't give notice until you know you can afford to be without that job the very day you give notice, or close to it.

[fj1200]

Do you have a CONTRACT? ... Having a contract is different of course.

I'm sure he has a contract as a contract worker. I don't know what's typical for that type of employment though.

[jimnyc]

I'm sure he has a contract as a contract worker. I don't know what's typical for that type of employment though.

I was a contractor for Cadbury Schweppes for quite a while. Never signed anything though. I was 1099 and my checks came from Plano, TX. It was a 1099 contractor position, but I had no contract in place. I know that's rare as a "contractor" though. :)

[fj1200]

I was a contractor for Cadbury Schweppes for quite a while. Never signed anything though. I was 1099 and my checks came from Plano, TX. It was a 1099 contractor position, but I had no contract in place. I know that's rare as a "contractor" though. :)

The few times I was a contractor at the very least the contract specified pay rate and other such things. I think tailfins has this down to a science though.

[jimnyc]

The few times I was a contractor at the very least the contract specified pay rate and other such things. I think tailfins has this down to a science though.

I had a few. Sometimes with a contracting company who paid me, and I had a written contract with them. 2x I had a spelled out written contract directly with said company.

But very rarely does an "offer letter" rise to a contract. The length is EXTREMELY important in any offer letter, as there needs to be "offer and acceptance". Simply offering a job at a specified rate would almost never rise to that level. Even with the length indicated it's often not rising to the level of a contract. It can be very confusing, or deceiving, which is why I tell folks to have a lawyer look at it, or a friend in the know, as all offers/contracts are not the same.

But most good companies will have more than an offer letter, and they spell out an awful lot that covers situations like this. Sometimes either side can be "penalized" for terminating early, but doubtful TF would be doing such if that were spelled out.

And yep, wouldn't surprise me if TF was the one who originally presented the contract to his liking. :)