Exiting out of contract before starting

[jmo21]

Says they guy that has screwed someone over that was willing to wait for the notice period. Karma would dictate the new gig will fall through while you are stood in the clients reception.

He hasn't yet, but he wants someone to tell him he should go for it against the advice of his friends!

[tractor]

...

He hasn't yet, but he wants someone to tell him he should go for it against the advice of his friends!

Always makes me laugh. Friends give advice they don't like so they come here for approval. Accountants give advice they don't like so they come here for approval.

[northernladuk]

As for op - if they are slow with giving you a contract , that's their problem

He didn't say slow did he? He said screening process. Slightly different. Either way, neither are a reason to carte blanch screw people over just because you see fit.

I do hate this mercenary attitude, particularly from first timers who then think it's they way to do it. Yes in certain situations I would consider it if there is some burning reason to but it certainly isn't my first thought and I wouldn't just do at the drop as a hat which seems to the be the attitude going around at the moment. There is a balance between the best thing for you, and acting professionally towards your clients. Sometimes that slightly better opportunity (but not in writing) just has to be let go and you do what you should.

[patrickbaitsman]

What kind of implied contract would I have agreed to though?

Even if I signed, usually on both sides there's the first month period where either can break notice in a day.

My only concern if there is some kind of blacklist, I'd be put on. Not from the agency but the client. Agency is small, so I'm not worried about missing out on future business.

Given that pre-screening has started, one presumes that there has been some kind of indication of acceptance other than just the verbal communication. If it went legal, would a judge accept that as proof of there being a contract in existence? I'd suspect so.

But it's unlikely to go legal.

[northernladuk]

What kind of implied contract would I have agreed to though?

There in is the complexity of verbal and implied agreements.

Even if I signed, usually on both sides there's the first month period where either can break notice in a day.

Where did you get that from?

My only concern if there is some kind of blacklist, I'd be put on. Not from the agency but the client. Agency is small, so I'm not worried about missing out on future business.

I know a big pharma has a list of contractors they won't take back on. Generally I don't think it's common practice so no blacklist really, just people with long memory's. As long as you don't make a habit of it you 'shouldn't' have a problem TBH.

[TheFaQQer]

What kind of implied contract would I have agreed to though?

You'd have to ask a lawyer

Did you accept a contract? Yes. What were the terms (implied) of that contract? Who knows.

Even if I signed, usually on both sides there's the first month period where either can break notice in a day.

Your contracts have obviously been worded very, very differently from mine then - I've never seen such a thing.

My only concern if there is some kind of blacklist, I'd be put on. Not from the agency but the client. Agency is small, so I'm not worried about missing out on future business.

Why not ask the client? Some will have a list, some won't. Some managers there will maintain a mental list (or even a physical one) and when they move on, they won't deal with you. Some agents remember people that have let them down, and will remember that when they move on - particularly if they are a small agency and are getting what they perceive to be a bad deal.

There's a chance that it will be dead easy - no-one will care, and it'll have no impact on your work. There's a chance that it will be a nightmare, and that you'll end up on a blacklist that means that you'll never work again. It's a question of whereabouts on the spectrum you will appear - and no-one here can tell you how the client and the agency will react.

Good luck with the new role. It would be bad luck to end up with neither role at the end of the day.

[diseasex]

Always makes me laugh. Friends give advice they don't like so they come here for approval. Accountants give advice they don't like so they come here for approval.

I don't like the fact that I could be working for less, just to be nice - yes. I don't look for your approval (no offence), but being new to contracting I'm asking you questions and see reactions, to absorb typical contractor mentality (god help no!!)

[SpontaneousOrder]

Thanks, good to know I can just ignore all the BS and not worry about being liable for anything.

Bum not on seat yet, still very early stages with the new one. I'll try and do it at the right time.

You should really only accept subject to contract review.

Even if you are bound though, if you submitted your notice of termination now then I doubt the client will want you to bother turning up for 1 month (or whatever it is). You would likely be a net cost, which is ofcourse the exact opposite of the point of hiring someone in the first place.

[SpontaneousOrder]

I don't like the fact that I could be working for less, just to be nice - yes. I don't look for your approval (no offence), but being new to contracting I'm asking you questions and see reactions, to absorb typical contractor mentality (god help no!!)

That's like never settling down with this great girl because you might one day come across someone you like even better. You probably will unless you're very lucky, but you can't live life like that.

[TheFaQQer]

I don't like the fact that I could be working for less, just to be nice stick to the legally binding contract that I have signed for and on behalf of my company - yes.

FTFY