My contract was terminated early...

**malandri** · 29 September 2005, 02:28

Please elaborate, what did you do wrong?

**Lucifer Box** · 29 September 2005, 06:23

It may be that they didn't like your face or a senior permie took an instant dislike to you when you arrived, and they've simply given you the old heave-ho on a pretext.

But, it's hard to say without knowing what you are alleged to have done.

In addition, what termination clauses are in your contract and which one has been invoked (gross misconduct?). The fact that the contract is not signed is irrelevant. By turning up for work you and the other signatories have accepted its T&Cs as written.

Also you initially say you're "pretty sure you didn't do anything wrong" and then you reign back a bit and say you "know what you did but you don't feel it was wrong". You don't sound too sure. How sure are you that you've not done anything wrong, or is it as you say that you did what was alleged but in your view it didn't constitute "doing something wrong" but plenty of others think it did. Who is actually alleging you've "done something wrong"? If your customer/client isn't happy with you or what you did, what are you going to do about it? You can't force the agent (don't forget your contract is with the agent, not the client) to provide you to the client. Although you might be able to sue the agent for breach of contract (if you can demonstrate financial loss) think hard about what that might achieve you. If you work in a small niche area where word gets around, you might damage prospects of future work.

As always in this situation, put yourself in the reverse situation where you are hiring a contractor, consultant, plumber, builder, whatever. If you were not happy with what that person did, you would boot them out and you wouldn't take any crap off them about "I know what I did but I don't think it was wrong". You would expect to be able to boot them out without a thought even if you didn't like they way they spoke or the clothes they wore. You're paying the money so you're making the choices. The same is true for your client.

If you can provide some more concrete info, more concrete advice can be given. I think your options are limited unless you genuinely and 100% know you did nothing wrong, the client loves you to bits, but for some reason you have been fitted up by somebody.

This is all part and parcel of the world of business risk.

**partimer** · 29 September 2005, 08:07

anybody know for sure

I agree with virtually all of what LB said.

Just one point needs clearing. Surely a signed contract is vital ?

Take this silly example. I send a contract to Man Utd saying I'm their new star player and get paid one thousand a hour. I sign my copy. Man U obviously don't sign theirs.

I turn up at Old Trafford. I couldn't get anything out of them. Right ????
A signed contract is vital ...

Personally I wouldn't go anywhere without a signed contract since nobody agreed to anything. Any thoughts people ?

**Lucifer Box** · 29 September 2005, 08:26

It is long established precedent that if you turn up for work and the client allows you to work (whether that's Man Utd or a software house), then you have both de facto agreed the contract T&Cs as written. Of course, either party can refuse to work or allow the work to be done until the contract is signed.

For this reason, I'm generally happy to work without the client having signed the contract as long as I am happy with the T&Cs - depending on the job of course. Recently I was bidding on contract worth a little short of a million and if that's awarded not a second's work will be done without both parties having signed up.

Equally, I've worked for clients where, because the agent was inefficient, a renewal contract was not produced in time and the client preferred me to take a day of garden leave in order to protect their liability situation. The client, of course, insisted the agent pay me for that day out of their own pocket as punishment for cocking up the renewal.

**MarillionFan** · 29 September 2005, 08:36

What did he do wrong?

Methinks he got his cock out infront of the MDs wife and shouting 'Look at this beauty, you SLAG!"

**Lucifer Box** · 29 September 2005, 08:41

Originally posted by MarillionFan

Methinks he got his cock out infront of the MDs wife and shouting 'Look at this beauty, you SLAG!"

Oh well, he's defintitely got a solid case then. I thought it might have been something really bad like laying a log in his PM's in tray.

**boredsenseless** · 29 September 2005, 08:50

Originally posted by MarillionFan

Methinks he got his cock out infront of the MDs wife and shouting 'Look at this beauty, you SLAG!"

I always thought a blatant lie was classed as blatant misconduct

**sb5spa** · 29 September 2005, 10:32

contract

A signed contract is not essential. The parties have acted in accordance with the terms of the written agreement by the contactor turning up to do the work and being allowed to do so. If the comapny had turfed him offsite when he first turned up denying that there was any contract in existance that would be different. There are two legal pricincipals involved here, the doctrine of part performance being one and the other being the right to be be paid in accordance with any contractual terms. If there are none then the contractopr is entitled to be paid on a quantum meruit basis, that is to say to receive payment for the value of the work he has actually completed.

**Lucifer Box** · 29 September 2005, 10:35

Indeed, sp5spa. No one is saying the guy shouldn't be paid for work he has carried out or that there is no contractual nexus. Except, of course, if what he did is truly, truly bad and might lead to him being sued for damages, in which case going quietly and without a fuss would be the best option.

My contract was terminated early...