Contract Issues / Notice Periods

[TechJinx]

So, the contractor asked for two weeks off (shudder) and it was approved (shudder shudder). And because she was away you didn't pay the amount that you were contractually obliged to pay?

Curious.

Yes. What long term contractors shouldn't have a week or 2 unpaid when they want and it fits in with the project. Not good for them or us if that's true

Yes. No issue

No. Not because she was away. Because she breached her contract by not giving us 4 weeks notice

It's not rocket science or am I not explaining this well

(Or are you deliberately misunderstanding )

[TechJinx]

Regardless of whether she 'pulled a fast one' you should have paid her for the work she completed (and you signed her timesheets for) regardless.

Yes I should. But she should have given notice so left us up a creek without a paddle so I'm not paying.

Sue me (and then I'll sue her)

[NotAllThere]

Yes. What long term contractors shouldn't have a week or 2 unpaid when they want and it fits in with the project. Not good for them or us if that's true

Yes. No issue

No. Not because she was away. Because she breached her contract by not giving us 4 weeks notice

It's not rocket science or am I not explaining this well

(Or are you deliberately misunderstanding )

That fact that she breached her contract with the agency (and caused them to breach their contract with you), by not giving notice, is wrong. You can take legal action for losses caused by that.

The fact that you didn't pay the agency for work completed puts you in breach. That's a second issue that the agency (if it were stupid enough to lose the chance of more work) can take legal action against you.

The two breaches are independent; any legal action arising from this are also entirely separate.

She was wrong in not giving notice.
You were wrong in not paying for work completed.

As you say, it's not rocket science, so I'm surprised you don't understand this.

[tractor]

...

Yes I should. But she should have given notice so left us up a creek without a paddle so I'm not paying.

Sue me (and then I'll sue her)

And some people wonder why many of us won't touch Gummint work with a bargepole.

If you were unhappy, you should have upheld your part of the bargain and pursued the remedy in court. That is the way it should be done.

Your contract was with the agent, not the contractor. You should not be taking your pound of flesh out on the contractor just because you can. I don't condone what the contractor did or the way that they did it. Perhaps though they felt that was their best option (hoping they wouldn't be found out) because your org may already have a rep for this type of thing.

[SlipTheJab]

Yes I should. But she should have given notice so left us up a creek without a paddle so I'm not paying.

Sue me (and then I'll sue her)

Sounds like she was well shot of you if that's your attitude. The fact that we only have your side of the story and you still come across in such a bad light speaks volumes.

[psychocandy]

Depends on the organisation

I had someone working for me - said she was taking 2 weeks holiday which was all fine - then we found out she was working at a new contract at a Bank.

I stopped all payments even though she had a signed timesheet for that time and had a brief heated call with the agents where I told them we wouldn't be using them again. (mainly for the guys attitude when he should have actually been apologising not pushing us to pay!)

However I'm sure she's earning more than she was here so its a personal choice really and whether you think you can afford to burn bridges. Doubt many companies would go to the trouble of pursuing you for breach of contract.

Bollax attitude. Fair enough take steps as you see fit for breach of contract but dont throw toys out of the cot and refuse to pay for work already done.

[psychocandy]

So - contractor takes a break from the contract, but you were going to pay her for holiday time anyway?

Sounds more like an employment relationship to me.

Good point. Assume contractor just left two weeks early from contact and said it was holiday.

Dont see what issue is then. If client says yes fine then nothing to do with them if you then go off and work elsewhere.

[psychocandy]

So i have recently started a new contract and so far nothing has gone right, 2 weeks without IT and now i have it, the demands i am faced with are completely unrealistic. Not even a little bit.... i mean VERY.

I think i'm already being forced out, either through these demands or other reasons.....

My contract states a 4 week notice period on both sides, but what are the conseqquences for each party if one of us was to terminate early?

OP - explain demands. Do you mean work or hours? If its hours, you need to set out your stall early doors. Some client expect they're moneys worth as they see it.

Up to you whether its worth staying.

[meridian]

Contract Issues / Notice Periods

Bollax attitude. Fair enough take steps as you see fit for breach of contract but dont throw toys out of the cot and refuse to pay for work already done.

But those are the steps that he saw fit for breach of contract.

I'm with TechJinx, the contractor has stuffed them around so the agency (and therefore the contractor) isn't getting paid. Sure, it could go around the houses where everyone gets paid, then it goes to court to recoup losses, and then everyone is back to square one except they've also spent a bundle on costs. If the agency really thought they had a leg to stand on they would have sued anyway. Think of it as "settled out of court".

Maybe the contractor will think twice about breaching their next contract.

[TechJinx]

And some people wonder why many of us won't touch Gummint work with a bargepole.

Well I do see that - but on our part if you don't mess us around we don't get rid of any contractor without giving the full months (paid) notice so its swings and roundabouts in the Gumming

Bollax attitude. Fair enough take steps as you see fit for breach of contract but dont throw toys out of the cot and refuse to pay for work already done.

wow - from what I've read on this forum I think it's quite impressive I've managed to to do something that psychocandy thinks shows bad attitude