Legal Assistance in the event of Dismissal and Work Conflicts


Questioner

I made a verbal agreement with my work about a current application and the procedure of this. I would give her time and not leave immediately and if I had passed the training I could start at my new job immediately. My work knew that and did not go against this. There are now 2 people going on vacation and now they suddenly start that they can't remember the conversation and that I have to keep to my notice period because I didn't officially sign resignation. (That wasn't done because there were still a number of tests and training sessions to go through and it wasn't certain whether I would get the job) They knew about that because everything was discussed and they didn't go against it. They were actually very thoughtful and alive. I still have to complete that test in 2 days and then I will know whether I got the job or not. Now my work has scheduled me and even though she knows I can't come to work, she wants me to come to work. If I don't come she MUST resign or come to work when they have scheduled me. If I don't it's work refusal (or something like she said: You resign now or you come to work on Monday and otherwise it's work refusal.) I was a bit shocked by this because we had discussed everything and I kept her informed of everything. Now they want to fire me this way. That doesn't matter because I have another job. But I have minus hours because they didn't want to schedule me. So they tell me that I have to pay it back. I also asked them why they didn't schedule me anymore and why this is my problem. They didn't want to schedule me while I was available. What is the best thing to do in such a situation?

Lawyer

You've put in the work. I understand from this that the employer wants you to come to work, but also wants you to resign? With some exceptions, you can enforce that the employer does not settle minus hours. As an employee, you should in principle comply with a reasonable request from the employer. If you take leave on the days that you have the training, you can simply go to the training. Observance of the notice period is enforceable for both the employer and the employee. If you wish, you can contact us without any obligation.

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