Terminating Contract Early

[Unix]

Terminating is one thing, but deliberate and deceptive breach of contract is another. In fact it's fraud.

You (not necessarily the OP - but those suggesting going off sick etc) should understand that you can't possibly talk about anything from any kind of morally virtuous perspective if you advocate doing the exact opposite of a morally virtuous act.

Fraud is no different to theft.
At the very least, going 'off sick' is an attempt to blur the lines between breach (and it's agreed consequences) and fraud. In practise it's closer to fraud.

I hope never to hear you ranting from some moral high ground should you ever be the victim of fraud or theft - or violence - yourselves.

So throwing a sickie is fraud now, I suppose you think not turning up to dentist appointments should be met with 100 lashes.

[GillsMan]

So throwing a sickie is fraud now, I suppose you think not turning up to dentist appointments should be met with 100 lashes.

Throwing a sickie to get out of your obligations is childish and pathetic, and massively cringe-worthy if you're purporting to operate as a business. But you're right, it's not fraud. Fraud is a crime. Throwing a sickie would be a contractual issue, but it's never going to go down the road of being considered a crime.

For those describing this as fraud, here is what fraud is: http://www.sfo.gov.uk/fraud/what-is-fraud.aspx Note that it's a type of criminal activity. Don't kid yourselves that this would ever be considered an actual crime.

[Unix]

Throwing a sickie to get out of your obligations is childish and pathetic, and massively cringe-worthy if you're purporting to operate as a business. But you're right, it's not fraud. Fraud is a crime. Throwing a sickie would be a contractual issue, but it's never going to go down the road of being considered a crime.

For those describing this as fraud, here is what fraud is: What is fraud? | Fraud | SFO - Serious Fraud Office Note that it's a type of criminal activity. Don't kid yourselves that this would ever be considered an actual crime.

Depends on the circumstances, I would only do it if there was a potential for my company to lose out on a considerable amount of income. Most cases the client will let you go so this is a nuclear option that would only be used is extreme circumstances.

[icemancomeths]

Ok I have attempted the 'mutual agreement proposal', to which it has failed.

If I just up sticks and leave I guess they don't have to pay me?

[GillsMan]

Ok I have attempted the 'mutual agreement proposal', to which it has failed.

If I just up sticks and leave I guess they don't have to pay me?

Obviously they won't pay you for the days you don't work. They probably won't pay you for your final invoice and you may need to take that on the chin (though theoretically a signed timesheet should = payment). Worst case (but unlikely) scenario, they could begin proceedings for damages due to contract breach. Unlikely though.

[icemancomeths]

Obviously they won't pay you for the days you don't work. They probably won't pay you for your final invoice and you may need to take that on the chin (though theoretically a signed timesheet should = payment). Worst case (but unlikely) scenario, they could begin proceedings for damages due to contract breach. Unlikely though.

Ok well my contract says the following:

Terminating

The contractor must provide a minimum of 180 working days.

[Unix]

Ok well my contract says the following:

Terminating

The contractor must provide a minimum of 180 working days.

Wow that's a helluva notice period. I assume they have to give you the same?

[GillsMan]

Ok well my contract says the following:

Terminating

The contractor must provide a minimum of 180 working days.

Hahaha, christ, that's crazy! I'd be very careful about walking. A company who puts in such an onerous notice period may well be minded to sue for damages should you not adhere to contractual notice.

[TheFaQQer]

Ok I have attempted the 'mutual agreement proposal', to which it has failed.

If I just up sticks and leave I guess they don't have to pay me?

Exercise your right of substitution - it's in the contract, so find someone else to do the work and then leave.

If they refuse to accept the substitute, then they are breaking the contract, and you can leave because of their breach.

If they accept the substitute, then you are golden.

[icemancomeths]

Wow that's a helluva notice period. I assume they have to give you the same?

Sorry to clarify it says...
"The contractor is required to complete the minimum length of 180 days"