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Old 31-08-2006, 1:01 PM   #1 (permalink)
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Job application

Is it legal for my employer to advertise my job before I've either left or been sacked?

I told him I was looking for a new job but I also have to give four weeks notice before I leave. I thought that was time for them to find a replacement?

Any help would be great, needless to say, I'm not a happy chappy...
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Old 31-08-2006, 1:17 PM   #2 (permalink)
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Re: Job application

I can't see the problem.
They may well employ someone to work alongside you.
That would make sure he was up to steam by the time you leave.
As long as they don't sack you beforehand, I wouldn't worry about it.
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Old 31-08-2006, 1:19 PM   #3 (permalink)
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Re: Job application

Quote:
Originally Posted by maix27
Is it legal for my employer to advertise my job before I've either left or been sacked?
No, a company cannot advertise for a position that does not exist.
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Old 31-08-2006, 1:29 PM   #4 (permalink)
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Re: Job application

I take it you're quite certain that you're leaving? If so, your employer may just be being pro-active in finding a replacement, in good time for them to shadow you for a few weeks before you actually go.

If you were to have second thoughts, now's the time to tell them...
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Old 31-08-2006, 1:29 PM   #5 (permalink)
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Re: Job application

I can't see the problem with it as far as I am concerned. It may be illegal for them to advertise your specific position but they can create one that runs next to yours to get somebody in that can work next to you and learn your job before you go.

Why exactly has this upset you though? Surely having told your employer that you want to move on you are working with them as best as possible to ensure that it is a smooth transition?
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Old 31-08-2006, 1:37 PM   #6 (permalink)
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Re: Job application

I also think you should clarify the situation.
It may well be that by telling them, they have deemed that you have handed in your notice, although it's usually in writing.
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Old 31-08-2006, 1:42 PM   #7 (permalink)
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Re: Job application

I remember a job I had once where I gave them 4 weeks notice . They then hired someone else in and expected me to train them up as well as do my job as normal.... don't think so!
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Old 31-08-2006, 1:47 PM   #8 (permalink)
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Re: Job application

Wherever you end up, start a union as you are a natural shop steward.
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Old 31-08-2006, 1:49 PM   #9 (permalink)
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Re: Job application

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Wherever you end up, start a union as you are a natural shop steward.
Its often been said.
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Old 31-08-2006, 1:57 PM   #10 (permalink)
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Re: Job application

I would never leave a job without trying to make every reasonable effort to ensure that there was somebody there to make sure that the job that I was doing will still be done after I am gone. Not only is this the ethical way to do things (in my personal point of view) but also ensures that companies will always call you back in the future and that your reputation is increased through word of mouth.
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Old 31-08-2006, 1:59 PM   #11 (permalink)
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Re: Job application

Basically it is to prepare for me leaving 'cause apparently it takes longer than four weeks, I just think a bit of communication would have been nice.
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Old 31-08-2006, 2:06 PM   #12 (permalink)
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Re: Job application

Quote:
Originally Posted by colinwheeler
I would never leave a job without trying to make every reasonable effort to ensure that there was somebody there to make sure that the job that I was doing will still be done after I am gone. Not only is this the ethical way to do things (in my personal point of view) but also ensures that companies will always call you back in the future and that your reputation is increased through word of mouth.

Bet you have never worked for McDonalds or the like.
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Old 31-08-2006, 2:18 PM   #13 (permalink)
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Re: Job application

Quote:
Originally Posted by colinwheeler
Not only is this the ethical way to do things (in my personal point of view) but also ensures that companies will always call you back in the future and that your reputation is increased through word of mouth.
Its only ethical if the company in question reciprocates to its staff . Otherwise you might as well walk about with a big "kick me" sign on your back.
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Old 31-08-2006, 2:45 PM   #14 (permalink)
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Re: Job application

What about your employer?Put yourself in his position.An employee tells you he's leaving but hasn't handed his notice in.You don't know if he'll be giving 100% as he wants out but expects to be paid until he finds something better.
Then the employee gets upset because you're trying to keep your business running smoothly by recruiting a replacement for someone who doesn't want to be there and has told you they are leaving!
Blimey,you don't want much do you?

Last edited by indianwells; 31-08-2006 at 2:47 PM.
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Old 31-08-2006, 2:53 PM   #15 (permalink)
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Re: Job application

Quote:
Originally Posted by indianwells
What about your employer?Put yourself in his position.An employee tells you he's leaving but hasn't handed his notice in.You don't know if he'll be giving 100% as he wants out but expects to be paid until he finds something better.
Then the employee gets upset because you're trying to keep your business running smoothly by recruiting a replacement for someone who doesn't want to be there and has told you they are leaving!
Blimey,you don't want much do you?
Exactly. I am the only person in the company to perform the role I do. If I ever leave, I know I will have to train whoever takes over. Even if I have fallen out with my employer, why should I take that out on the next guy, by not ensuring he has all the information he needs to perform the job.
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