Termination

[confusedkiwi]

OK, I need a little advice here.

I have been working on client site for a couple of weeks, haven't signed a contract (I know I know) and now, due to unforeseen circumstances I have to return to NZ.

My contract states:

15.2 The Consulting Company is only able to terminate this Agreement on the giving of 30 days written notice of termination to the Company. Failure to provide notice in accordance with this clause will result in all monies due to be paid to the Consulting Company being withheld by the Company on account of any losses incurred or damages suffered as a result of the Consulting Company’s breach. Such monies may be applied by the Company to any such losses or damages and will be deemed to constitute liquidated damages

Now, I don't know where I stand with getting any money from this, or whether I am going to lose it all. Is there anyway around this??

[NotAllThere]

You could try talking to the agency and client and see if they'll let you go. There is a concept of Force Majeure which could help - depends on the reasons for quitting, if they are due to forces outside of your control.

[TheFaQQer]

They can only withhold payment to cover their damages and losses - worst case would be their margin on 30 days if you had to pay up.

But speak to the client and then the agency to explain the situation and see if they will let you go - if it's an urgent thing that you need to be in NZ then most will be open to that.

[confusedkiwi]

I'm not trusting the agency as far as I can throw them, they've already been a little on the dodgy side of things.

Client has agreed I can work notice and be on hols ... nice client