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Leaving consulting

 
#1 Leaving consulting
08/08/2008 17:09

analysta

I am planning on leaving my consulting firm. I have not yet completed a year and aim to leave just after my anniversary, handing in my notice at the 11 month point.

However, my offer letter is ambiguous about whether I would need to pay back any joining bonus.

It states that I would be liable to do so if I 'terminate' my employment at any time before my first anniversary. Does anyone know if resigning after 11 months (with the intention of serving a month's notice) means 'terminate', or does 'terminate' mean the actual day you leave the company?

Seems very ambiguous to me!

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#2 RE: Leaving consulting
08/08/2008 17:33

Legal Beagle to analysta (#1)

Not at all ambiguous. Terminate = date you invoke the termination clause, i.e. hand in your notice.

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#3 RE: Leaving consulting
08/08/2008 17:46

hotshot to Legal Beagle (#2)

But the employment isn't actually terminated until he actually leaves the firm. If it were terminated at the 11 month point, then surely this means he wouldn't be working for the firm during month 12 (in which case why is he still turning up to the office and receiving pay?).

What you are intending to do is PROVIDE NOTICE that you will be terminating your employment at the 12 month point.

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#4 RE: Leaving consulting
08/08/2008 20:39

joy to hotshot (#3)

It's not notice of the intent to terminate - giving notice is the termination act and "critical event" itself.

But hey, you can always ask the firm to be generous - not like they need the money, right?

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#5 RE: Leaving consulting
09/08/2008 23:00

trinny to joy (#4)

i have recently resigned - my organisation paid my professional subscriptions - the contract stated that they must be repaid on a pro rata basis: they have calculated what I must repay from the date that I leave, rather than the date at which I resigned. I suspect that your org will do the same - this seems fair - you're still working during the notice period and therefore still entitled to the same benefits for that period.

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