Agency Forgot to Give Me Notice - Do I Exploit Situation?

[cojak]

OK, everyone's making massive assumptions here and clearly lots of ego being conveyed.

I need real advice here guys, not arrogance and smarminess. The issue is pressing.

Then go somewhere else and pay someone WGAS.

[Scoi]

It sounds like the ball is in your court if I'm understanding correctly.

My approach would be to have a chat with the manager and explain that you were putting off other contracts because you'd thought he had delayed the end date as nothing came through. Tell him it looks likely that you'll have another contract starting on the 10th which is in effect meeting him halfway at 7 days. Hopefully he'll see that as a success for both of you.

If he doesn't like that then its your decision between missing out on 1 or 2 weeks pay (depending on new contract) and whether you want to work at that ClientCo again. Causing trouble over a week or two worth of invoice versus missing out on a 6 month contract next year. Short or long game?

[fullyautomatix]

Then go somewhere else and pay someone WGAS.

Neo, remember in contracting there are no morals.

[Guest22]

*scratches head*

So the client has to pay you whether there is work for you or not? Are you sure?
Most contracts have a MOO clause, doesn't yours?

Who reviewed your contract?

QDOS reviewed it. However, I honestly can't check about this MOO clause right now as I don't have the contract to hand. I imagine it probably has it, but I don't think it will apply here based on the conversations I've had. I'm being let go due to cutbacks, not due to lack of work. There is a headcount freeze, but PLENTY of work to do and they are having to recycle perm staff from other teams to replace me and the other contractors leaving, in order to do the work. So I don't think it would stand that I am being let go because of lack of work.

Anyway, this is academic - if I work the 14 days notice from now, I WILL be in the office AFAIUI. It's just now about when the notice period expires.

EDIT...
PS: IF they ask me to leave early, it is more because of security (gardening leave) than due to lack of work. It's an investment bank and usually layoffs are met with gardening leave to protect the bank's intellectual property.

[cojak]

There is a difference between asking and demanding...

[MyUserName]

QDOS reviewed it. However, I honestly can't check about this MOO clause right now as I don't have the contract to hand. I imagine it probably has it, but I don't think it will apply here based on the conversations I've had. I'm being let go due to cutbacks, not due to lack of work. There is a headcount freeze, but PLENTY of work to do and they are having to recycle perm staff from other teams to replace me and the other contractors leaving, in order to do the work. So I don't think it would stand that I am being let go because of lack of work.

Anyway, this is academic - if I work the 14 days notice from now, I WILL be in the office AFAIUI. It's just now about when the notice period expires.

QDOS would have mentioned the absence of an MOO clause so we can assume it is there. This means that regardless of anything else they can refuse to give you any work to do and therefore not have to pay you.

Whether there is work there that needs doing is irrelevant, they are not obliged to give you work just as you are not obliged to accept any work they do give you. The bolded section of your quote (bolded by me) is utter nonsense. I am assuming that this is your first contract?

It is like a consultant from IBM being asked to empty the bins, he can just refuse and that is the end of it - of course you can refuse to use him and send him off site and then refuse to pay IBM for his day of work if that floats your boat. However, he cannot claim against you for sending him offsite because you chose not to use him that day (assuming the contract has a MOO clause).

You might be able to bluff some money out of them with this, or perhaps they will be very nice about it, but if anyone in the chain understands contracting they will pull the MOO clause out and you will get nothing.

[MyUserName]

EDIT...
PS: IF they ask me to leave early, it is more because of security (gardening leave) than due to lack of work. It's an investment bank and usually layoffs are met with gardening leave to protect the bank's intellectual property.

You are not being laid off, you do not have gardening leave - or any other kind of leave. You are a contractor - you do not work for that IB.

[rootsnall]

The people you don't want to pee off are the IB managers you are working for. You may want to work there again and/or use them as referees. If by insisting on the contract being honoured you cause aggro for them then its probably a bad move, so don't do it. Stick with what was verbally agreed. If you had been treated badly and had an axe to grind then maybe a different story but that doesn't sound like that is the case.

[Wanderer]

The compromise is that I finish on Friday 08 December. I mentioned that this serves me no real benefit and I am fully entitled to stick my heels in the ground and impose the 14 days from today. The agency agrees.

Ignore all this nonsense with people speculating about about MOO in your contract (which may or may not exist, how the hell would we know). The agency are accepting that they have to pay you so that's all that matters.

Tell them you will be invoicing for the full 14 day notice period that you are contractually entitled to. I'll bet you they are taking a very nice fat margin and they would shaft you just as hard given half a chance.

Don't go feeling sorry for them - remember it's you that had your contract terminated early and just before Christmas too so you probably won't be working again until next year.

Take the bloody money! Shrinking violets get nowhere in business.

[MyUserName]

Ignore all this nonsense with people speculating about about MOO in your contract (which may or may not exist, how the hell would we know). The agency are accepting that they have to pay you so that's all that matters.

Yeah - you can trust the agents to give money up, they are known for being generous. They would never try every trick in the book (including fake misunderstandings, over ruling by a manager, pointing you at the contract you signed etc) to avoid giving money up.

After all, they are your friends and will always look out for you.