**termination with no notice - breach of contract**court case *help needed*

[TheFaQQer]

This thread is 27, yes 27 pages long.

Without the bickering it would be 7, tops!

Give it a rest guys, for gawd sake...

WSS - stop needlessly extending the thread with useless posts!

(Anyone else think that KC is Denny?)

[d000hg]

This thread is 27, yes 27 pages long.

Without the bickering it would be 7, tops!

Give it a rest guys, for gawd sake...

Have you looked at the BN66 thread recently

[TheFaQQer]

Thankyou for that.

On a whole different issue, if you lost income due to this mis-truth then would you be legitimately able to sue for libel/slander, etc? Anyone know?

If loss can be shown then yes. Either through libel or malicious falsehood.

However costs and the burden of proof are high in cases like this.

[TheFaQQer]

This thread is 27, yes 27 pages long.

Switch to 40 posts per page and it's a mere 7 pages long

And growing somehow....

[d000hg]

If loss can be shown then yes. Either through libel or malicious falsehood.

However costs and the burden of proof are high in cases like this.

What about if one part of the client told the 'hiring manager' KK was responsible, and this led to contract termination?

[TheFaQQer]

What about if one part of the client told the 'hiring manager' KK was responsible, and this led to contract termination?

For malicious falsehood, you would have to prove that it was a lie and that the lie was designed to cause damage or harm.

Libel is defined as "published statements which are alleged to defame a named or identifiable individual (or individuals) in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them." So you would have to prove that the statements were published (e.g. in an email) and that they caused loss or the recipient would think worse of someone because of the statement.

The burden of proof for defamation is reversed - it's up to the defendant to prove truth rather than for the litigant to prove otherwise.


So, if there was a false statement (which was not a malicious lie) which led to loss of earnings, then you could sue for libel / slander (depending on the medium). If it was deliberate, then malicious falsehood is the one to try.

But as I said, either will be horrendously expensive.

[KittyCat]

I think that's your first post that I've agreed with.

Assuming this is genuine, then I wish you all the luck in the world with the case. When judgement comes (which it looks like it will soon), I'd love to read the verdict, which is why I wouldn't want the thread locked. (Actually, I'd love to see it on Judge Judy, to be honest )

I'm not convinced that it will have much impact on the majority of contractors, though. I'm amazed that there isn't a clause in the contract which allows for immediate termination - I've not seen a contract without one in there, so I don't think that your situation is typical of the contracting world.

Anyway, once you have a result, just stick the case reference here, and then people will be able to either bask in your glory of sticking it to "the man", or commiserate with the trouncing.

There is a term of immediate termination for matters of gross misconduct etc this case is'nt that - they might as well have said it was because I wore red shoes!

Why would anyone assume this case is not genuine?

Why would anyone make it up? on this site anonymously, for what!? what on earth would be the gain??

[TestMangler]

There is a term of immediate termination for matters of gross misconduct etc this case is'nt that - they might as well have said it was because I wore red shoes!

Why would anyone assume this case is not genuine?

Why would anyone make it up? on this site anonymously, for what!? what on earth would be the gain??

You wore red shoes ???

You are one sick puppy...........

[KittyCat]

So it seems you're going to win by default?

Just because the agent can't be arsed?

Well I guess a win is a win.

Does'nt any Agency win by default when either they or the client screw over a contract/contractor & the Ltd Co/contractor does nothing!

Wonder how many times notice in lieu is paid by client to agency & not passed on

Wonder how many people have been defamed/libelled with no redress

Wonder if the agency would still have sole agreement with the client if they objected to this behaviour?

think if you knew the client it would all make sense

one word sums up the client - bullies!

the agency passed to their Group legal team (they own many agencies!)

The client have a long list of court cases - the solicitor in London that I spoke to in the beginning said he would love to get them in court - I might actually go back to him

They have a number of cases going to Ind Tri - a few employees dissapeared overnight when I was there! that had been there several years - the managment said nothing! until it got to the point where people thought they had been murdered or something! the management then had to say something - it was 'personal problems' but a lot of people had been there years & are friends outside work - they were dismissed/blamed for failure of projects - its their way - these are employees that have been there for years!

they have huge problems getting & keeping employees & contractors - even the old faithfuls who've been there donkeys years are leaving

just a little background on the culture

& a question - if you were me what would you have done /do?

[blacjac]

& a question - if you were me what would you have done /do?

Accepted it as part of being a contractor - that's why I get paid a premium, because I can be dumped any time with no notice.