Resolved Question

What can my boss do if I leave without notice?

I am 17 and working one night a week at a restaurant. The job was advertised as 2 nights a week but my boss changed it to one night a week because of bad business, however a lot of the time she will ring me and say don't come in to night, there is no work so I hardly get paid.

I started looking for a new job and on Saturday I had an interview and the guy asked me how long my notice period is. I said none. Then when I went to work that night my boss made me sign a contract saying my notice period is a month. I think this is unreasonable because it is only one day a week and she only has to give me one weeks notice if she wants to sack me.

I had two copies of the contract one for me and one for her, I signed one and I thought I gave it to her but when I got home I discovered I had the signed one. So she doesn't actually have proof I signed it.

Anyway, if I do leave without any notice what can she do? She does not have my bank details?

Best Answer - Chosen by Asker

hey sweets, she can't do nothing, especially if she doesnt have your contract. if she did the only thing she could do was stop paying you for the shifts you had already worked.

without a contract you could tell her to go F her job and she could do nothing at all!!! :) get out of there and get yourself a better job hun :)

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Other Answers (11)

• If you have signed a contract saying 1 months notice then that is what is required.
  They could if they wanted take action against you for breach of contract if you left before that.
  For 1 day a week though that is unlikely and it is also unlikely that the contract would be enforceable anyway.
  
  Just give them 1 weeks notice and leave after that.
• She can't do a thing. It is illegal to withhold pay. You are not a slave and that contract would not hold up in court. If she figures out that she has the unsigned copy and asks you to sign it again tell her you will if she makes a contract that you will get x-amount of hours a week and that she won't call you off.
• Nothing she could do.
  If she owes you any money she might refuse to pay it, and you'd have to sue her for any money you are owed.
  
  Presumably you won't be wanting a reference off her, so don't worry about it...just go.
• All she can do is not paying you for any money she have in hand. Did you get paid weekly? or every time you work she pays you? if you were paid monthly then she can keep it simply because you never gave her any notice.
• Withhold ALL pay due to you.
  
  And if you are really unlucky sue you for breach of contract.
  
  By LAW you MUST give 4 weeks notice in writing for ALL jobs.
• Give them a 7 day notice. That should be enough.
• Not pay you any money owed
• withhold pay, but to be fair for one night a week, do you really care?
• u only have to give places 2 wks notice so that is bull that she had u sign something for a month. and it is up to you if u want to give the 2 wks no one can force u it is out of curtousy so they can find someone to fill the position. most do give 2 wks so they have good contacts to give in the future to other employers when they are trying to get hired but she sounds like a stupid lady that wouldn't be a good contact for you anyway so i say forget her especially since it's only once a week not worth your while.
• She can't do anything if you leave without notice. In CA, she would be required to pay you for any hours that you worked and for any vacation time that you may have accrued. I don't know about the legality of her requiring you to sign a contract stating that you must give one months notice to leave, but I think that it is unreasonable. The decent thing is to give two weeks notice, but if you don't about the only thing she can do is tell any future employers that call for a reference that you left without notice.
  You only work one night a week, so I doubt she will be too upset with you.
• I don't believe you are compelled to give any notice. However, I think you should give 7 days notice as suggested by Bibs.

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