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Withdraw from a contract

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    Withdraw from a contract

    Hello all, I am a newbie to contracting having worked in the IT as a permie for more than 15 years. And I need your expert advice before I embark on my new journey which I afraid didn't started on a right note.
    I signed up a contract with a recruitment agency which is due to begin next week. Meanwhile I received another offer which is lot better and more importantly the kind of work I am more comfortable with.
    So I have informed the agency that I wish not to go ahead with my contract due to commitments at my present work place and apologized for causing a discomfort to them. But he has not taken this news pleasantly and instead started threatening me with a legal action if I do not take up their offer! All this conversation is taking place on the phone and I now even fear to answer his calls. There is no written communications happened at all regarding this matter.

    Now my questions are-
    Is it really true that I have to oblige to the agreement I have signed on behalf of my newly formed company as he is alluding to?
    Don't I have any option at all to withdraw this contract which I didn't even started yet?
    Would it be better for me if I send them an email stating that I wish to withdraw from the contract which is due to start in a few days time?

    Please assure me what course of action I should take so I can respond to his persistent calls?

    Thanks
    BR
    Sunny

    #2
    You can always add him to your blocked list of phone numbers. Then you don't have to talk to him. I'm surprised he's not bombarding you with emails, letters and pigeon posts if he's that annoyed.

    One of the key things about being a contractor is that often what is significant is what is written in the contract. The clue is in the name. Contractor, contract - do you see?

    For this particular situation, there is a key point of information. What does your contract say about notice?

    The fact is, if you have, e.g. one month's notice and you give it now (in writing, registered post, followed up with email), the client won't want you to start and that'll be the end of it. Assuming it's not a one month contract.

    In future, once you've received a contract offer, tell any other agencies you're dealing with you're no longer available. Once you've done that, sign the contract and adhere to hit. That's what I've always done.
    Down with racism. Long live miscegenation!

    Comment


      #3
      Thanks a lot for your quick reply. Yes I forgot to mention that was on one month's notice and the contract period is for five months.

      And yea, I did told him that I shall give my notice on the first day of my work i.e. when it starts next week and work through my notice. Tbh that put him off a bit

      But please coming with the replies so it will help me to put up with him

      Cheers

      Comment


        #4
        Originally posted by sunny69 View Post
        Thanks a lot for your quick reply. Yes I forgot to mention that was on one month's notice and the contract period is for five months.

        And yea, I did told him that I shall give my notice on the first day of my work i.e. when it starts next week and work through my notice. Tbh that put him off a bit

        But please coming with the replies so it will help me to put up with him

        Cheers
        Give notice now not on your first day, there is absolutely no reason why you should wait until your first day

        Comment


          #5
          Originally posted by sunny69 View Post
          Thanks a lot for your quick reply. Yes I forgot to mention that was on one month's notice and the contract period is for five months.

          And yea, I did told him that I shall give my notice on the first day of my work i.e. when it starts next week and work through my notice. Tbh that put him off a bit

          But please coming with the replies so it will help me to put up with him

          Cheers
          Send the agent a written email NOW giving notice. If you remember state the date you phoned him up and gave verbal notice in the email.

          If you know the name of the person at Clientco you dealt with send them an email giving notice. Do this immediately after you sent the agent notice.

          Either don't give a reason in both emails or simply say it is due to private personal reasons you cannot go into.

          Then ignore the agent.

          You need to grow some so you are able to tell agents when to go away.
          "You’re just a bad memory who doesn’t know when to go away" JR

          Comment


            #6
            You've got to expect a load of grief giving back word a week before you start. You wouldn't be right happy if it wasn't the other way around.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Thank you, shall do it immediately. NOW

              Registered post, not I am thinking of but just an email.

              Would he then ask me to work through the notice period i.e one month.. which I am NOT that inclined to because of my other 'commitments' during this period and also I feel the atmosphere wouldn't be that good. What do you say?

              Regards

              Comment


                #8
                He could yes else you'll be in breach. If he's a smart cookie he'll also know it's highly unlikely the new client will wait a month for you and is more likely to pull the offer in favour of someone else.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  provide notice of termination of contract.
                  If he insists you start on day 1 then tell him you'll be sending your substitute (assuming your contract allows a substitute). That way you'll have fulfilled all your contractual obligations so any threats he makes are just noise.
                  See You Next Tuesday

                  Comment


                    #10
                    Originally posted by Lance View Post
                    provide notice of termination of contract.
                    If he insists you start on day 1 then tell him you'll be sending your substitute (assuming your contract allows a substitute). That way you'll have fulfilled all your contractual obligations so any threats he makes are just noise.
                    And make sure that you do send the fully qualified substitute otherwise you'll be in breach of contract anyway.
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                    Comment

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