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Contract ended - 'not the right skills'

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    #21
    You need to think before taking legal action, you're not going to work for the client you took to court again, and the next client won't know and will just do the same again anyway if they're that way inclined. If you do "stand up" you don't end up like a gun slinger with an industry wide reputation that no-one is going to cross, so you make your decision on the basis of whether it's worth the money or not. In this case it probably isn't, the legal costs would be quite high, and of course the time and hassle. You're better off spending your time on the blower getting a new contract.
    Last edited by BlasterBates; 4 November 2010, 11:55.
    I'm alright Jack

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      #22
      Originally posted by Fred Bloggs View Post
      You're take is quite wrong and I have a long, solid record of delivery exclusively with blue chip clients in the process and O&G industries. My opinion has nothing to do with poor attitude what so ever, and has a lot to do with establishing the ground rules for a mutually beneficial business relationship at the outset. Expecting some kind of pay off when a business situation changes as the OP appears to expect is far more the hall mark of a poor contractor in my opinion. But then again, opinions are 2 a penny anyway, I'll let the OP decide for his/her self.
      All good comments and views. I think the element that I suffer with most is the consequence of these type of events. I'm a comparative noob to contracting and working hard to gain my next role. But I need some decent experience under my belt and some longevity so I can protect myself financially. What I don't need, are clients changing their minds so soon after starting. I missed out on another role 2 days before this one ended!

      I conclude, following on from everyone's comments, that I need to take this on the chin, clarify further during selection stage that the role can be performed and should things change (which obviously they can) to prepare suitably.

      I could still do with the cash owed though - can anyone lend me a fiver?

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        #23
        As several people have pointed out, contractors are easy to get rid of, and that is one reason why they are paid more. I'll emphasise that: if you are not paid more, to cover downsides like that, then you are being underpaid. That BTW is one reason why the rule-of-thumb equivalence between rate and salary is not simple arithmetic.

        Second point. If it was the agent who was responsible for putting you in to a requirement that you didn't have the required skills for, and then he washed his hands of the whole situation, then keep that in mind next time you're looking for an agent.
        Job motivation: how the powerful steal from the stupid.

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          #24
          Originally posted by tgardener View Post
          All good comments and views. I think the element that I suffer with most is the consequence of these type of events. I'm a comparative noob to contracting and working hard to gain my next role. But I need some decent experience under my belt and some longevity so I can protect myself financially. What I don't need, are clients changing their minds so soon after starting. I missed out on another role 2 days before this one ended!

          I conclude, following on from everyone's comments, that I need to take this on the chin, clarify further during selection stage that the role can be performed and should things change (which obviously they can) to prepare suitably.

          I could still do with the cash owed though - can anyone lend me a fiver?
          That's a decent take on affairs, learn and move on. Good luck.
          Public Service Posting by the BBC - Bloggs Bulls**t Corp.
          Officially CUK certified - Thick as f**k.

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            #25
            Originally posted by tgardener View Post
            Hmmmm, if the shoe was on the other foot, I would suggest that the client would expect some compensation for a sudden depature... Just seems very unfair, the contractor (me in this case) is a soft target and now quite out of pocket.
            Agreed. I still don't understand what the notice period is good for. It seems that the client's (strictly the agent's because the contract is with the agent not the client) notice period to the contractor company (once again, it's your company that makes the contract not you personally) means nothing, but we hear lots of stories of agencies trying to withhold payment from the contractor company if they terminate without notice.

            It's a crappy grey area, it seems.

            Originally posted by tgardener View Post
            I conclude, following on from everyone's comments, that I need to take this on the chin, clarify further during selection stage that the role can be performed and should things change (which obviously they can) to prepare suitably.
            You've made the right decision in my opinion. Don't dwell on previous failed business relationships or they will consume you. My advice is learn from it, chin up and move on which is exactly what you are doing so you're on the right track. You'll look back on this of a client in a few years and laugh.

            Good luck.
            Free advice and opinions - refunds are available if you are not 100% satisfied.

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              #26
              The main reason for going contracting is to make more money, sounds like you're just giving it away! You missed out on another role, you are now out of pocket and out of work, that's why you have a 2 week notice period to avoid such losses. I'd issue a claim against them via the small claims court, it won't cost you much, but cost them more to defend so they may just pay you. The contract seems pretty clear to me, you went for interviews, matched up against the original job spec requirements etc, the client can change their mind if they wish but not for free. So if you've already worked from 4th - 15th October? then you've already worked 2 weeks so in total they owe you 4 weeks money and I would want paying, every last penny of it. The other advice on here makes me think these guys aren't real companies but ir35 avoidance fronts cos they don't seem to talk like any business people I've known, where you keep your eye on the money primarily or you go bust. You need to toughen up or get eaten alive especially in the current climate!

              I don't see how this could possibly act as a black mark against you. Can you imagine Mr Agency telling others "Hey you know Mr X, we got him a contact role, then after he started the client dumped him and he wanted paying for 2 weeks notice just like it states in the legally binding and signed contract we had with him! OUTRAGE!".

              I didn't understand this bit in OP? Maybe I've misunderstood other aspects but a contract is a contract!
              * Started 4th month
              * Ended 15th month

              Fact is you will NEVER work for that company OR that agency ever again, I certainly wouldn't and besides if any agent can find you work they couldn't care tuppence about whether they like you or not, if they can make money from you that goes out of the window. ! I say Sue, you say Peggy!
              Last edited by ravedave; 7 November 2010, 05:46.

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