Exiting out of contract before starting

**BrilloPad** · 10 June 2015, 10:32

I recently nearly ended up in exactly the same hole. Pre-screening taking forever. Great role came along. Except at the interview it became clear they were totally mad!

Had the other role proved to be good I would have told them the truth. You can't spend 5 weeks pre-screening someone!

Anyway - only a verbal agreement. Business is business. Companies are quite happy to terminate contracts, reduce rates etcetc. It works both ways.

And BTW

**northernladuk** · 10 June 2015, 11:10

Just negotiate your way out. Speak to them, explain the situation and then just part ways. There has been no contract signed so it will be very difficult to make the verbal agreement stick. Have you actually seen the contract yet? Even easier if you haven't.

Agency won't be happy because you've dicked them about so you are going to have to shoulder that as that's your fault but it won't go legal whatever the agency threaten. Let him rant a bit, ignore what he says, apologize and then end the call.

Might get a few snotty mails, deal with them and off you go.

Please don't post your annoyance when a client pulls your gig before you turn up in site though.

**SimonMac** · 10 June 2015, 11:20

Originally posted by northernladuk View Post

Just negotiate your way out. Speak to them, explain the situation and then just part ways. There has been no contract signed so it will be very difficult to make the verbal agreement stick. Have you actually seen the contract yet? Even easier if you haven't.

Agency won't be happy because you've dicked them about so you are going to have to shoulder that as that's your fault but it won't go legal whatever the agency threaten. Let him rant a bit, ignore what he says, apologize and then end the call.

Might get a few snotty mails, deal with them and off you go.

Please don't post your annoyance when a client pulls your gig before you turn up in site though.

+1 (especially on the last sentance)

Worse that will happen is the agent will get pissed off, start threatening all sorts including "damage to your reputation with the Client", long story short they don't care about anyones reputation other then their owns, and if at a later date they think they can make money off you they sure as hell will forget about past indiscretions.

My only other point of infomration would be "been offered another role" is your bum on the seat yet? Having two offers and no ending up with no gig is not uncommon

**patrickbaitsman** · 10 June 2015, 13:59

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.

Originally posted by SimonMac View Post

+1 (especially on the last sentance)

Worse that will happen is the agent will get pissed off, start threatening all sorts including "damage to your reputation with the Client", long story short they don't care about anyones reputation other then their owns, and if at a later date they think they can make money off you they sure as hell will forget about past indiscretions.

My only other point of infomration would be "been offered another role" is your bum on the seat yet? Having two offers and no ending up with no gig is not uncommon

**TheFaQQer** · 10 June 2015, 14:17

Originally posted by northernladuk View Post

There has been no contract signed so it will be very difficult to make the verbal agreement stick.

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** · 10 June 2015, 14:25

Originally posted by TheFaQQer View Post

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.

You would certainly assume so but having an agent in the loop makes it highly likey it's not being done properly.

I can't help thinking as this becomes more common someone is going to test it at some point.

**diseasex** · 10 June 2015, 14:38

Originally posted by northernladuk View Post

You would certainly assume so but having an agent in the loop makes it highly likey it's not being done properly.

I can't help thinking as this becomes more common someone is going to test it at some point.

Hi guys I have similar situation. Ive got a gig and that company is kindly waiting my entire notice because I was best candidate. Now half way through notice I went for another interview and immediately got it - 50 more daily , closer to home and more importantly - better technologies (better paid).
This would be my first contract
Now because they are waiting my notice and I already signed the contract I would be total ass to back out now and probably burn the bridge with agent that was fighting with them so they would wait the notice?

Your thoughts?

**jmo21** · 10 June 2015, 14:44

Originally posted by diseasex View Post

Hi guys I have similar situation. Ive got a gig and that company is kindly waiting my entire notice because I was best candidate. Now half way through notice I went for another interview and immediately got it - 50 more daily , closer to home and more importantly - better technologies (better paid for future).
This would be my first contract
Now because they are waiting my notice I would be total ass to back out now and probably burn the bridge with agent that was fighting with them so they would wait the notice?
Your thoughts?

How pissed off would you be if they decided to ditch for someone £50/day cheaper after you handed your notice?

Client will be pissed, agent will be pissed. Your name *may* be mud with both and you *may* suffer in the future because of this. Agents move around, client staff that heard your name move around. If you work in a small geographic area, or niche market it might hurt more.

But then again, you might be fine!

We can't advise you what to do, it is up to you to weigh up those possible negatives against the benefit of the new contract.

**diseasex** · 10 June 2015, 14:46

Originally posted by jmo21 View Post

How pissed off would you be if they decided to ditch for someone £50/day cheaper after you handed your notice?

Client will be pissed, agent will be pissed. Your name *may* be mud with both and you *may* suffer in the future because of this. Agents move around, client staff that heard your name move around. If you work in a small geographic area, or niche market it might hurt more.

But then again, you might be fine!

We can't advise you what to do, it is up to you to weigh up those possible negatives against the benefit of the new contract.

Yeah that's pretty much what friends are advising - bite the bullet and deliver the contract I agreed to

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

Exiting out of contract before starting