Posted by Seth Burgess on Sun, Jul 11, 2010 @ 03:06 PM
How Much Notice Should
You Give When You Leave a Horse Job?
Most employees in equestrian jobs are "at will" employees. This means that legally the employee can can leave whenever he/she wants and the employer can fire the employee without any warning. Unless you are under contract (written or verbal) you are an "at will" employee. The law on this subject is a little more complicated than this, so before you jump to conclusions, consult a legal authority.
What about the moral situation? In our society, it is fairly common for employers to expect and employees to give between two weeks and 30 days notice when they intend to leave a job. However, the notice period is entirely negotiable. Here are some things to consider when planning to give notice to your employer:
1. "At will" employees are under no strict obligation to give notice, or to stay for the full amount of any notice period given. (However, doing so is usually in the employee's best interests. Don't burn bridges unless there is no other choice.)
2. Generally speaking, the more responsibility you have and the more indispensable you are, the longer the notice period should be.
3. In most situations, giving more than 30 days notice, may make it harder for you to secure your next job or meet the terms necessary to satisfy your next employer.
4. An equine employee may agree with an employer to work through a certain date or until the completion of a particular event like a show or sale. However, the employee may still need to leave sooner.
5. After giving notice at an equine, the employee's circumstances may change and the notice period may need to be renegotiated. Be ready to make adjustments.
6. Remember that equine employment is a "mutual" agreement. Loyalty to the employer should not require that the equine employee work indefinitely to allow the employer to find a replacement. If the shoe were on the other foot and the employer were laying off the employees, would the equine employer keep the employees on indefinitely until the employee found another job? In most cases, no. Both parties will have decisions to make that may not fit everyone's needs. If possible, come to mutually acceptable terms.
7. It is reasonable for an employer to think badly of the equine employee if he/she leaves unexpectedly "in the middle of the night" without giving any notice at all? Probably not. Sometimes there is just not any way of terminating a situation cleanly. Even when attempts are made to end the situation amicably, details may get in the way. That's just the way things are. Don't feel guilty for disappointing the employer. You have the right to move on if that's what you need to do.
Posted by Seth Burgess on Tue, Feb 09, 2010 @ 03:11 PM
Both job seekers and employers ask "Do I need an employment contract for my next horse job or employee?" Usually this question comes up right after a bad experience with an employer or employee. When things don't go well, we naturally ask, "How can I avoid this situation in the future?"
We live in a society where contracts are common, so we naturally think that a contract will help protect us in the future. But, lets take a look at what happens if there is a breach of contract.
If things go really badly in an employment relationship where a contract is involved, the only serious remedy is for one party or the other to sue for specific performance in court. However, the time, energy, and money that a lawsuit will take from you is probably not worth it. In most situations, employers and employees will be best served by simply cutting their losses and moving on.
After all, if you are the employer, are you going to want to keep an employee who has filed a lawsuit against you? If you are an employee, are you going to want to continue working for an employer who is suing you? In employment contract disputes, even if the suit is successful, the employment relationship is likely to fall appart. You may win the battle, but you will lose the war and probably damage your reputation in the process.
Underneath it all, the best reason to have a contract is so that everyone is on the same page and has the same expectations. Most employment relationships fall apart becuase of misunderstandings and differing expectations.
In most horse jobs, a written job description will spell out the duties and responsibilities of a job, without the need for a formal employment contract and all that contracts entail.
A written job description should be prepared by the employer. However, if the employer does not prepare one, the applicant can write one. For sample employer and applicant job descriptions download the free horse industry job description reference.
One significant exception to the rule of thumb about contracts vs. job descriptions involves what happens after an employee leaves. Employers may wish to protect themselves from Trainers or Riding Instructors who leave their employ and set up shop down the road, or cause clients to follow them. In this case a contract with a non-competition clause or language concerning clients may be appropriate. After all, if you end up having to sue in this kind of situation, the person will no longer be working for you anyway.
Nothing here should be considered legal advice. I am not an attorney and you may need to consult one. A little forethought goes a long way when it comes to matters of employment.