Contract Issues / Notice Periods

[psychocandy]

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.

Serves them right eh?

[TheLordDave]

Was there a clause in the contract to prevent her taking on other contracts? The bank contract could have been short term and she decided to take 2 weeks away from you to work there for a high rate. If this wasnt forbidden in her contract I can't see how withholding payment on a signed time sheet is ok. No matter the situation. The work was done and accepted, the time sheet signed, payment should have been made.

[TechJinx]

Was there a clause in the contract to prevent her taking on other contracts? The bank contract could have been short term and she decided to take 2 weeks away from you to work there for a high rate. If this wasnt forbidden in her contract I can't see how withholding payment on a signed time sheet is ok. No matter the situation. The work was done and accepted, the time sheet signed, payment should have been made.

quite right - she can do what she likes in those 2 weeks, theres no exclusivity clause. However there is a clause saying to give us 4 weeks notice when she wants to leave us. This did not happen - I merely quoted the banking example as it showed she was basically just not telling the truth about her intensions.

I arbitrarily decided that 4 weeks worth of invoice/pay from her agency was the price we were exacting for her not giving 4 weeks notice. Also to indicate to others that we're not the pushovers we may appear to have been in the past.

They have 3 other contractors working with us so they'd be very daft to push it IMHO.

[northernladuk]

I'd like to think how ever annoyed I was in a certain situation I would still be professional enough honour the payment. I agree it's well out of order and would piss me right off as well but don't think I would stoop to their level. I would, however, want this to come back and bite the contractor hard somehow. I wish I had the power in a client to actually issue proceedings even though it's not financially viable but alas it will never happen.

You would, however, be well within your rights to get the client to send a letter to the new agent and the new client informing them the contractor in question is still in contract with you and be aware legal proceedings maybe forthcoming against them. That should do the trick without affecting my morals or worry about my professionalism

[TechJinx]

I'd have thought with your avatar you'd be a fan of my summary unilateral approach to judgement......

[Antman]

uncooperative perp

[zippy.mini]

I didn't think notice periods were worth the paper they're written on. A client can march someone off site if they don't like them simply by saying they're not fit to do the job (whether they are or not), no matter what the notice period says. The contractor then has no leg to stand on in demanding the 4 weeks notice that the contract stated. Unless they can prove that they WERE fit to do the job and want to go via the courts to do that, which probably isn't going to happen.

This should* work both ways. You're not out of pocket by the contractor leaving - you haven't paid them for work NOT done. Yes it's an inconvenience, but that's it. The agency will presumably pay the contractor for work done as that's what their contract with the contractor says... The agency should be the ones taking you to court over the unpaid invoices, because legally that's what you agreed to do... Unless the contract with the Agency was crap!

I can't see how any of this is the agency's fault either - did they get this contractor the other job? I doubt it, so how would they know any more than you that they were going to do this?

[meridian]

Contract Issues / Notice Periods

You're not out of pocket by the contractor leaving - you haven't paid them for work NOT done. Yes it's an inconvenience, but that's it.

Unless you're working on a discrete piece of code that has been completed and checked in, then it tends to be a bit more than an "inconvenience". A new contractor has to be sourced, brought up to speed with requirements, and then possibly will restart whatever has already been done. This all costs time and money.

[northernladuk]

I'd have thought with your avatar you'd be a fan of my summary unilateral approach to judgement......

Well not quite. You are breaking the law creep.

[TheFaQQer]

Unless you're working on a discrete piece of code that has been completed and checked in, then it tends to be a bit more than an "inconvenience". A new contractor has to be sourced, brought up to speed with requirements, and then possibly will restart whatever has already been done. This all costs time and money.

Which is why you quantify the loss and sue for that amount.