Written notice period

[russell]

At my current client co, all the contractors on the team were given 2 weeks notice via a phone call last week. However we have found out second hand that we had 3 weeks left (then). However none of us have received written or email notice of termination and now we are within 2 weeks of finishing date. In our contract it states it has to be written notice unless its misconduct etc.

If we don't receive written notice what are our options?

[Support Monkey]

Ask the agency, ask the client for written confirmation of when they want you to leave, i am sure they will be more than happy to confirm as its you

[russell]

Ask the agency, ask the client for written confirmation of when they want you to leave, i am sure they will be more than happy to confirm as its you

I will do in a few weeks

[northernladuk]

If we don't receive written notice what are our options?

None really. There has been a raft of posts recently about termination with no notice and all sorts and besides Kitty taking it to court and many long protracted discussions about opt in/out, legalality of contracts and chance of taking action etc the bottom line is you are a bit screwed I am afraid.

I would say this week to have any notice at all is better than some people. I think to argue the difference of a week or two is not going to get you anywhere.

Let the legal discussions begin but IMO you take it and move on.

[craig1]

If the contract says the only way to get rid of you is via written notice and they only give you phone notice then, congratulations, you have an easily winnable case! Unfortunately, most judges will ask whether you should reasonably have clarified this after receiving phone notice, they'll then award you nominal damages at best as you could easily have limited your "loss" with a single phone call.

Contract law damages are based on you not unreasonably running up losses due to contractual breach to claim them back later in a court. If you can reasonably limit them then you should.

[prozak]

At my current client co, all the contractors on the team were given 2 weeks notice via a phone call last week. However we have found out second hand that we had 3 weeks left (then). However none of us have received written or email notice of termination and now we are within 2 weeks of finishing date. In our contract it states it has to be written notice unless its misconduct etc.

If we don't receive written notice what are our options?

Your options are:

1. Start looking for a new gig
2. Start looking for a new gig

Alternatively, you could also start looking for a new gig.

[TheFaQQer]

IMO you take it and move on.

I'm shocked

[northernladuk]

I'm shocked

I would hate to be predictable

[russell]

Thanks for all the replies, I reckon its not worth the hassle and will probably just move on.

[TheFaQQer]

At my current client co, all the contractors on the team were given 2 weeks notice via a phone call last week. However we have found out second hand that we had 3 weeks left (then). However none of us have received written or email notice of termination and now we are within 2 weeks of finishing date. In our contract it states it has to be written notice unless its misconduct etc.

If we don't receive written notice what are our options?

I've been through similar - someone on the project rang me when I was off sick and said that they were giving me four weeks notice. She told someone else to tell the agency. He spoke to someone at the agency, but not the person I was dealing with. No-one put anything in writing.

Three weeks later, I went back to work (had to clear my desk anyway!) - client wasn't expecting me back, but there was work for me to do and I was willing and able to do it. They had also got their timing wrong - project management couldn't count to four!

Team lead was off sick, but got a call from management to ring me and ask why I was back. Explained it to him and said I'd not heard anything from the agency, and that was who the contract was with. All very pleasant.

Had a chat with the person who had spoken to the agency - he apologised that I'd had no notice. I offered to leave at the end of the week (the four weeks notice), but said I needed to talk to the agency and see what they wanted to do. Agent said that if I wanted to, she would fight for another four weeks since they hadn't had proper notice, but it was coming up to Christmas, I wasn't that fussed, and I was happy to leave on good terms.

I had an opportunity to look like the good guy (I could charge for another four weeks because of your cock up, but I'm so nice, I'll take the hit and go this week) - bought some goodwill from the project.

Three weeks later - panicked phone call from the Project Manager. "Sorry we terminated the contract, can you come back...".

I wouldn't play it any differently if I had the chance.