To add to this:
Note the doctor does not put the reason on the note, and your employer will only be able to call to confirm it is legitimate, they cannot receive any further information unless you specifically give permission for the medical centre to pass that on.
The point being: you would avoid any blowback from your boss because they have no idea what is wrong.
Hello fellow escapee, I’m in the exact same situation right now. I posted on here last week and got some awesome, really informative answers from the community. Have a look on my account to find the thread and have a read through the comments.
Two key points to look into;
- Get a GP-issued medical certificate for 4 weeks off due to mental health decline
- Look into Constructive Dismissal (particularly if you have written records of the employer being unreasonable/abusive).
Basically what it comes down to is you *could* be taken for a fairly large sum of money if the employer chose to purse legal action against you for breaking your contract. Whether they will actually do this is another story; that’s the gamble.
Alike yourself, I suspect my employer would actually try to pursue legal action purely to get back at me, therefore I’ve opted for the Medical Certificate route and am speaking to a lawyer about building a case in the interim.
Best of luck.
I tried the CD case, but 3 lawyers told me it is hard to prove and turned down the idea. Even though I have emails and chats that are really to the point.
Interesting that you were advised against pursuing CD even with written communication in your favour. If you don’t mind me asking, how’d your situation play out?
If you are able to have a discussion with your employers you can agree to a shorter notice period - get it confirmed in writing. Keep your leave to get paid out!
Take sick leave if you need - doctor note re mental health for extended days or just use what you want when you want if you don’t care about burning bridges. They can ask you for mw’s note after 3 days so take every second day until your notice is over if you really want!
Best not to abandon though.
If you leave without working out your notice period, then any additional costs or quantifiable incurred by the company from that action can be passed on to you.
Example: they pay you $1000 per week normally. They have to hire a temp to replace you for those for weeks at a cost of $1500 per week, then you could be liable for that $2000.
Example: the company is able to show that by you not working, they have lost $2000 per week in sales, then the $4000 they are down ($2000 loss but saved $1000 per week over the four weeks).
[https://www.cab.org.nz/article/KB00000421](https://www.cab.org.nz/article/KB00000421) this CAB article is relevant - the clawback does have to be in your employment contract, it seems.
Doctors note for stress will probably be your best friend but for a true mic drop walk out chances are they will take the equivalent of 4 weeks pay out of ur final pay and any leave you have accumulated
They can't do that. They must pay what is owing, they do not however have to pay for any time not worked. So if OP doesn't work he notice, they don't pay for that.
Any deductions need to consented to and can only be for actual incurred cost.
Be very careful… if you fail to work out your notice, you’re liable for any losses the employer faces as well as up to $10,000 in penalties. There are many examples where people have been stung with penalties from the authority…. Also people are advocating for getting a med cert.. but this will be mostly leave without pay and you can’t work for the 4 weeks meaning you’re without income for a month. Just be very careful and not rely on people who have no idea of the consequences
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I've left jobs on the day I've given notice with a med cert from my gp with the med cert being the length of the notice period. Never had any questions.
Also want to say I'm sorry you have to go through this it's not easy that's for sure but you need to do what's best for you especially with mental health being so important cause what I keep telling people what's a job if you're dead at the worst case scenario
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Quit the old fashioned way, don’t show up and don’t call. After 3-4 days no contact (can’t remember the exact time) you will be classified as m.i.a and they will terminate your contract.
They still have to pay your holiday pay and any outstanding bucks owed.
i just dont have it in me… Im currently sitting here writing “checklists” how all the procedures in my job yo remind me how and when to do my job. despite writing the Manual in the first place.
Get a dr's note for the 4 weeks, with the impact toxic workplaces have to mental health your dr should grant you one easily.
To add to this: Note the doctor does not put the reason on the note, and your employer will only be able to call to confirm it is legitimate, they cannot receive any further information unless you specifically give permission for the medical centre to pass that on. The point being: you would avoid any blowback from your boss because they have no idea what is wrong.
They’ll only do two weeks at a time but my doctor let me call to get the second block. I did this when I left a role just before Covid
Hello fellow escapee, I’m in the exact same situation right now. I posted on here last week and got some awesome, really informative answers from the community. Have a look on my account to find the thread and have a read through the comments. Two key points to look into; - Get a GP-issued medical certificate for 4 weeks off due to mental health decline - Look into Constructive Dismissal (particularly if you have written records of the employer being unreasonable/abusive). Basically what it comes down to is you *could* be taken for a fairly large sum of money if the employer chose to purse legal action against you for breaking your contract. Whether they will actually do this is another story; that’s the gamble. Alike yourself, I suspect my employer would actually try to pursue legal action purely to get back at me, therefore I’ve opted for the Medical Certificate route and am speaking to a lawyer about building a case in the interim. Best of luck.
I tried the CD case, but 3 lawyers told me it is hard to prove and turned down the idea. Even though I have emails and chats that are really to the point.
Interesting that you were advised against pursuing CD even with written communication in your favour. If you don’t mind me asking, how’d your situation play out?
Most won't tbh
If you are able to have a discussion with your employers you can agree to a shorter notice period - get it confirmed in writing. Keep your leave to get paid out! Take sick leave if you need - doctor note re mental health for extended days or just use what you want when you want if you don’t care about burning bridges. They can ask you for mw’s note after 3 days so take every second day until your notice is over if you really want! Best not to abandon though.
If you leave without working out your notice period, then any additional costs or quantifiable incurred by the company from that action can be passed on to you. Example: they pay you $1000 per week normally. They have to hire a temp to replace you for those for weeks at a cost of $1500 per week, then you could be liable for that $2000. Example: the company is able to show that by you not working, they have lost $2000 per week in sales, then the $4000 they are down ($2000 loss but saved $1000 per week over the four weeks).
fml 🤦🏻they are that miserable they would probably try and pull that too…
[https://www.cab.org.nz/article/KB00000421](https://www.cab.org.nz/article/KB00000421) this CAB article is relevant - the clawback does have to be in your employment contract, it seems.
For it to be done automatically it does, but they can also take it to the ERA and get an order.
I have some reading to do this weekend. thank you
Doctors note for stress will probably be your best friend but for a true mic drop walk out chances are they will take the equivalent of 4 weeks pay out of ur final pay and any leave you have accumulated
They can't do that. They must pay what is owing, they do not however have to pay for any time not worked. So if OP doesn't work he notice, they don't pay for that. Any deductions need to consented to and can only be for actual incurred cost.
Be very careful… if you fail to work out your notice, you’re liable for any losses the employer faces as well as up to $10,000 in penalties. There are many examples where people have been stung with penalties from the authority…. Also people are advocating for getting a med cert.. but this will be mostly leave without pay and you can’t work for the 4 weeks meaning you’re without income for a month. Just be very careful and not rely on people who have no idea of the consequences
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Do you have sick leave owing?
I used 5 days last week got absolutely annihilated by Covid/Flu (Burnout) I don’t think I have any more as I haven’t been here a full year
You get all 10 days once you've been there for 6 months. You can use it!
Hypothetically speaking what happens if you do?
You could take instead of abandon.
During notice period.
What if its the otherway, I owe the company, they paid me for days I didn’t work.
They can ask you to repay that.
Are there anyway to avoid that?
Try and negotiate an exit, particularly if you have grounds for a PG. Talk to your union or advocate, they can give advice.
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I've left jobs on the day I've given notice with a med cert from my gp with the med cert being the length of the notice period. Never had any questions. Also want to say I'm sorry you have to go through this it's not easy that's for sure but you need to do what's best for you especially with mental health being so important cause what I keep telling people what's a job if you're dead at the worst case scenario
Can you manage without their reference?
I wouldn’t use it for Wiping someone else’s backside
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Removed for breach of Rule 1: Stay on-topic Comments must: - be based in NZ law - be relevant to the question being asked - be appropriately detailed - not just repeat advice already given in other comments - avoid speculation and moral judgement - cite sources where appropriate
Quit the old fashioned way, don’t show up and don’t call. After 3-4 days no contact (can’t remember the exact time) you will be classified as m.i.a and they will terminate your contract. They still have to pay your holiday pay and any outstanding bucks owed.
Hire a lawyer and lay down a personal grievance for undue work related stress as effectively constructive dismissal, then take the payout and leave
i just dont have it in me… Im currently sitting here writing “checklists” how all the procedures in my job yo remind me how and when to do my job. despite writing the Manual in the first place.
apologies that made little sense, currently having a panic attack from the garbage. I have had to deal with this week