What is my status am I in contract?

**eek** · 4 July 2011, 21:42

Originally posted by contractor123 View Post

Hi everyone
My first post and looking for some help please,I will keep it brief and concise.

Signed 6 month contract in 2009 which expired in early 2010,[to be honest forgot it was even a 6th month one until I thought about leaving]
No mention of renewal in contract only did 2 blocks of 12 weeks work a year for last 2 years
Carried on working until Dec 2010 when I became a LTD company
Called up company and told them I would be invoicing via new LTD company

This week I decided that I would like to take up other work offers for winter 2011
Emailed them to say my services would not be available for the next block of work in 6 weeks time
Received back a lengthy letter insisting I am still in contract and must request release and sign various disclaimers re use of companies /customer account details etc

Now these conditions were in the initial contract

So am in in contract ?
Am I obliged to comply ?

Thanks in advance

Have committed to the next block of work? If so you are in a contract otherwise tell them sorry and ask if they can bring the work forward.

**Wanderer** · 5 July 2011, 07:14

Originally posted by contractor123 View Post

This week I decided that I would like to take up other work offers for winter 2011
Emailed them to say my services would not be available for the next block of work in 6 weeks time
Received back a lengthy letter insisting I am still in contract and must request release and sign various disclaimers re use of companies /customer account details etc

Now these conditions were in the initial contract

So am in in contract ?
Am I obliged to comply ?

I guess that if it came to it then the legal question would be around what the tacit contract between the two parties was.

The real question is "Do you want to do business with the client at some time in the future"? If so then I would negotiate a amicable agreement with them, perhaps get a formal legal opinion about what the situation is and what settlement you should come to.

I can't help but think that if you have given then 6 weeks notice that you won't be available then that would be adequate notice to terminate the relationship. Alternatively, you could subcontract the work to someone else and take a healthy cut to cover the costs of managing the subbie.

Disclaimers? They can only benefit the client, not you. Sounds like the client is panicking, these should have been signed up front not retrospectively. You probably don't want to sign these. Perhaps if you negotiate with them then you could reassure them that the confidentiality provisions of the original contract are adequate and there is no need to sign further restrictive documents.

**contractor123** · 5 July 2011, 07:18

Originally posted by Wanderer View Post

I guess that if it came to it then the legal question would be around what the tacit contract between the two parties was.

The real question is "Do you want to do business with the client at some time in the future"? If so then I would negotiate a amicable agreement with them, perhaps get a formal legal opinion about what the situation is and what settlement you should come to.

I can't help but think that if you have given then 6 weeks notice that you won't be available then that would be adequate notice to terminate the relationship. Alternatively, you could subcontract the work to someone else and take a healthy cut to cover the costs of managing the subbie.

Disclaimers? They can only benefit the client, not you. Sounds like the client is panicking, these should have been signed up front not retrospectively. You probably don't want to sign these. Perhaps if you negotiate with them then you could reassure them that the confidentiality provisions of the original contract are adequate and there is no need to sign further restrictive documents.

Thank you for the replies
When I say I commited to the winter work it was a verbal agreement
The original contract states that these restrictive documents must be signed when the employment terminates
Hence the question am I still in contract or are the terms of that contract now unenforceable,also as I changed entities the company has no written contract with the limited company that I now invoice them from

**BlasterBates** · 5 July 2011, 07:48

A verbal agreement is a contract, so they're within their rights. Yes you need to come to an agreement with them.

**contractor123** · 5 July 2011, 20:20

OK message received thank you all

What is my status am I in contract?