Excuses for not working notice

**ThomasSoerensen** · 5 August 2009, 12:13

The probability is 50%.

Either they do it or they don't.

**malvolio** · 5 August 2009, 12:15

Tough. Welcome to contractor world. Why are you committing to things you can't deliver?

If you haven't agreed a start date yet, then negotiate a delay. If you have, you are about to breach one or other contract. Not a good start to a contracting career, is it...?

**DieScum** · 5 August 2009, 12:16

Legal action? If you're small fry, like we all are, it isn't going to happen.

I had the HR department threatening legal action against me when I went to a competitor. Had my boss, taking me aside, for a fatherly chat and suggesting that I "get a good solicitor if I was really going to go through with this."

Ha ha ha.

They just aren't going to go to the trouble and the expense. Be ill for the last two weeks but obviously you have burnt your bridges and hurt your reputation.

**weemster** · 5 August 2009, 12:19

Originally posted by JoJoGabor View Post

I've jsut been offered a contract, but I have a small problem of my 1 month notice of my current permie role. Now I have 1 weeks' holiday booked in the middle of this, but basically need to skip the following 2 weeks. I'm heaviliy involved in some major customer projects so they are not likely to let me go early without a fight.

I'm thinking of making up an excuse such as I have Swine Flu, or been in a car accident. What is the likelihood of them taking legal action against me? Has anyone got any advice?

Try asking for unpaid leave, promise a full handover as a sweetener, offer your services as a contractor ?

**BrilloPad** · 5 August 2009, 12:25

Originally posted by JoJoGabor View Post

I've jsut been offered a contract, but I have a small problem of my 1 month notice of my current permie role. Now I have 1 weeks' holiday booked in the middle of this, but basically need to skip the following 2 weeks. I'm heaviliy involved in some major customer projects so they are not likely to let me go early without a fight.

I'm thinking of making up an excuse such as I have Swine Flu, or been in a car accident. What is the likelihood of them taking legal action against me? Has anyone got any advice?

If you are a good enough actor then chances are 0%. Dont say anything easily checkable. Try relative is seriously ill.

Very best of luck with the new contract.

**Not So Wise** · 5 August 2009, 12:26

Chances are very slim unless they are paying you a monumental amount already.

Basically it's a cost vs reward scenario, lawyers cost a fortune so unless their potential win is at least 3 times the costs of the suing you then it really is not worth the effort

But, on flip side, the damage it can cause to your reputation/work history can make breaking your contract not worth it to you

Generally prefer to try to be honest with client if I want out of a contract early, help them with recruitment of replacement and bring them up to speed so forth, if they have any sense they should be happy with that, otherwise they might end up paying for someone to turn up everyday to cruise google earth

**nomadd** · 5 August 2009, 12:28

Originally posted by JoJoGabor View Post

I've jsut been offered a contract, but I have a small problem of my 1 month notice of my current permie role. Now I have 1 weeks' holiday booked in the middle of this, but basically need to skip the following 2 weeks. I'm heaviliy involved in some major customer projects so they are not likely to let me go early without a fight.

I'm thinking of making up an excuse such as I have Swine Flu, or been in a car accident. What is the likelihood of them taking legal action against me? Has anyone got any advice?

Forget Swine Flu and all that "I'm ill" nonsense: it won't convince anyone.

I was in the same position - although without the holiday (what were you thinking!) - when I started contracting in '89. I went for the contract interview and the guy said "It's yours...but only if you can start in two weeks." I said, "No problem."

My current permie clients at the time were none to happy, but fortunately I lined them up another guy for my job, and did a decent hand-over to him before I left. I sure burnt my bridges, but hey, that's life. The manager I worked for even came to my leaving do in the end and - reluctantly - bought a round of drinks!

If the contract is a good one, then go for it. The worst the company you work for will probably do is threaten to hold back/delay some of your wages. As long as you haven't been on any recent training - and signed a contract with them saying you'll pay it back - I doubt there is anything legally they can do. I got paid OK in the end, and I'm sure you will. Still, worth checking with them and keeping on top of this.

As other's have said: You are small fry; don't sweat it. Just leave and go contract. You'll have enough to worry about come renewal time!

Nomadd

**badgerpig** · 5 August 2009, 12:30

Id say in the UK they're highly unlikely to sue you, they may try to hold back any wages/payments they owe you or they may get awkward if your in a key delivery role, some agents will encourage you to walk regardless but it doesnt look good, after all if you walk on one job because you get a better offer would'nt you walk from them if a better gig came along?

If your set on bailing, swine flu, broken leg, unspecified back injury?
get signed off by your doctor and theres not a lot they could do about it legally but may bite you on the rse in the future

**JoJoGabor** · 5 August 2009, 12:34

Thanks for the advice. I think I'll play it honest and try and negotiate something with the new client. I can work for them for 1 week during my holiday and see if I can get a delayed start and try and cut short the current notice.

You're right about burning bridges, I've got some good contacts within current clients, who I don't want to get a bad reputation with as I can do business with them in the near future.

Excuses for not working notice