Notice Period and Holiday

[CChann]

I'm in a contract which is ending on 9th of May,I have a holiday booked from 13th April to 25th April way before giving the client notice.

In the current contract project got pulled and the client let all others go this month but kept me, I think its purely because my contract is coming to an end anyway and I'm on a month's notice.I'm just going in and doing nothing as the project is not happening , client asked me to train their offshore team(based in spain) and asking me to travel to spain every other week.

I went there once and I was seen by the spanish team as an expensive contractor who does nothing but gets paid loads of money.I now found another job and handed in my notice to agency today but let the client know I'm leaving and the client went mad saying I can't go on holiday or I have to comeback after the holiday and work 2 weeks again.

As effectively I will only be there for 2 weeks rather than 4 weeks as I will be on holiday in the last two weeks of my notice.I have nothing to handover as I'm only training their team and not doing anything else useful.I didn't really understand even after explaining that I'm not enjoying what I'm doing and wants to leave ,client wants me to be there.

Agency said to me client will with held payments if I don't come back and work for another two weeks and client wants to sue me if I don't, can they really do this?my contract says 30 days notice and nothing else.

Also how can the client sue me as I don't have any contract with the client? I have also accepted a job elsewhere if I have to come back from holiday and work for the client then I'll have to ask them to change the start date or I have to cancel my holiday and work for the client (go in and get paid as thats what I'm doing when I'm not training Spainsh guys).I just feel Client is being unreasonable or is it usual for clients to expect contractors to come back from holiday and complete notice even though there is nothing to do?

[GillsMan]

I can't answer all your points, but clients can sue you - you don't have to have a contract with someone in order to be sued by them.

I imagine it's just bluster, but suspect they will withhold your last payment, and make it difficult for you to get it back. Tbh, it seems like you're in the right. However, pragmatically speaking, are you able to push your start date at your new gig back by two weeks? You shouldn't have to, but I'm trying to imagine the path of least resistance.

[Unix]

Did you tell them about the holidays before you handed your notice in? If yes, then there is nothing they can do, you gave them notice and will work while you are available. If no then I can see their point but doubt they would sue given the project is dead, probably the agent trying to scare you.

[CChann]

Did you tell them about the holidays before you handed your notice in? If yes, then there is nothing they can do, you gave them notice and will work while you are available. If no then I can see their point but doubt they would sue given the project is dead, probably the agent trying to scare you.

I told them last month way before they let others go, my manager who knows about the holidays as well left , its booked in my dairy too.I'm in sitting at my desk doing nothing

[Unix]

I told them last month way before they let others go, my manager who knows about the holidays as well left , its booked in my dairy too.I'm in sitting at my desk doing nothing

In that case you are fine, the 30 days notice is obviously continuous and included weekends and holidays.

[jmo21]

IF you were mega busy, and had lots of handover to do, THEN I could see why the client might be annoyed.

In effect it would look like you have tried to get round your contracted notice period by informing them of time off, and then later giving notice.

And what if it had been a 3 week holiday you'd booked, leaving them with only 1 weeks notice for you to actually work?

With you having nothing to do, it seems massively over the top to be threatening to sue.

Do they have money issues? maybe they are just threatening all that, so they can try and get away with withholding your last invoice?

[sal]

Try to get an answer from the client, speak with whoever signs your timesheets and see if they are happy for you to be on a holiday 2 weeks out of the 2 weeks notice. If they are get it in writing and tell the agency to shove it. Then keep a copy of the signed timesheets in case the agency tries to withhold payment on their side.

[FatLazyContractor]

Did you tell them about the holidays before you handed your notice in? If yes, then there is nothing they can do, you gave them notice and will work while you are available. If no then I can see their point but doubt they would sue given the project is dead, probably the agent trying to scare you.

I'm surprised you did not suggest going Off-sick!

[psychocandy]

Did you tell them about the holidays before you handed your notice in? If yes, then there is nothing they can do, you gave them notice and will work while you are available. If no then I can see their point but doubt they would sue given the project is dead, probably the agent trying to scare you.

I would agree here. If they knew about holiday then its irrelevant that notice period is partly during this time. You're still giving the correct amount of notice just not available for part of it.

Then again with gig ending natually a few weeks later I'd have been tempted to delay start of new gig until then to avoid this.

Legally they cant withhold payment and you arent in breach if you've given notice correctly. Might be hassle to get them to pay though.

If it was me, holiday booked, new gig lined up (Assume you cant put this back?), I'd tell them tough luck notice served, not avail due to holidays as planned. If they dont pay, start the process.

[psychocandy]

IF you were mega busy, and had lots of handover to do, THEN I could see why the client might be annoyed.

In effect it would look like you have tried to get round your contracted notice period by informing them of time off, and then later giving notice.

And what if it had been a 3 week holiday you'd booked, leaving them with only 1 weeks notice for you to actually work?

With you having nothing to do, it seems massively over the top to be threatening to sue.

Do they have money issues? maybe they are just threatening all that, so they can try and get away with withholding your last invoice?

Usual client behaviour. They get rid of people when it suits them but they obviously have need of the OP to go to Spain for the next few weeks and are put out hes now not available. Throwing toys out of the cot becuase its not gone all their way.

OP- this spain thing. Is this in contract though? Or did they ask afterwards and you agreed? If current client asked me to spend half the time away in spain, I know what I'd tell them.