I walked out on 3rd week of 3 month contract

**SueEllen** · 9 December 2009, 18:21

What a shame you are ill. I hope you get better soon. I suggest you find someone as a substitute during your illness.

**TheFaQQer** · 9 December 2009, 18:57

If they have breached the contract, which they may well have done by not giving you an appropriate role, legally it depends on whether the breach is serious enough to make the contract void.

The agency could sue you for breach of contract for walking out. That might cover costs for readvertising the role and re-recruiting providing they can prove that an actual loss has occurred (Teacher v Calder). They could sue for loss of profit, again if it can be proved that the profit would certainly arise (Obagi v Stanborough (Developments) Ltd).

So, how do you deal with the situation you have put yourself in?

The best way would be to exercise your right of substitution and put someone else in there in place of you. Failing that, you could apologise for your actions (whether you agree with the work or not, blowing a gasket with the client is never a good idea) and continue. You could go back and offer to work until they can find a replacement. You could just hope that nothing bad comes out of it.

If you are intent on not going back, I would take professional legal advice (rather than from us lot) and ask someone who might know whether there is anything that they can do legally. If you are a member of the PCG, ring their legal helpline. Also, while it is still fresh, make a detailed note of what you were expecting to do, what they actually asked you to do, and what you actually said to them about it. If they go the legal route (and chances are that they won't), then this will be invaluable.

**xoggoth** · 9 December 2009, 19:04

I know it has happened but it must be fairly unusual to get sued under such circumstances. Have been at places where a contractor who presumably signed the same contract as me never even bothered to turn up.

**MaryPoppins** · 9 December 2009, 19:17

WHS ^

The agency will probably make a lot of noise but will possibly not take it further>

**thunderlizard** · 9 December 2009, 19:56

Of course. You don't have to do work that you're not contracted to do.

**TheFaQQer** · 9 December 2009, 20:36

Originally posted by thunderlizard View Post

Of course. You don't have to do work that you're not contracted to do.

I'd bet that the difference between the actual work and what is described in the contract isn't too great, though.

Granted, if the contract says "IT Project Manager" and the actual role is cleaner, then that would be fair enough. But I'd wager that that isn't the case.

**Branded** · 9 December 2009, 21:17

Thanks for the replies so far guys - I was expecting some smartarse comments e.g. "You make contractors look bad" etc.

I've never walked out on a job before and the shortest job I've even had was 9 months.

I am a 2nd line support guy and left my previous 2 and a 1/2 year job because it was just mayhem, bad leadership and there was no opportunity to learn anything or get anywhere there.

I started at this current job three weeks ago and my title was "IT Support Analyst". It all started OK but increasingly I just noticed it was similar to my previous job but worse in terms of leadership and priorities, e.g. a bitch's "personal" printer was more important than 5 new employees having no PCs at all! I couldn't prioritise or do any of my actual work because there was always something stupid that would interrupt it. Like I said - mayhem and no way to prioritise my work and I obviously could not argue with them. Yesterday I had to actually go all the way to "PC World" myself to buy a couple of switches!!! This "IT department" didn't even have any spare switches in the building that I could use and never even bothered to order any while these new employees started work with no network connections. Then today, there was an "unexpected" delivery from Dell and I had to suddenly - on the spot - completely unbox 50-60 new PCs - meaning - removing the actual PCs from their boxes all through my lunch break (from 11am-3pm) by myself WHILE the delivery man was waiting for me the whole time breathing behind my neck so he could take the boxes with him. I didn't sign up for this sh*t.

It may sound like a whiney rant, but I left my other job to go forwards, not backwards. Screw that sh*t.

Anyway, I "blew the gasket" after finding out that I had to also unbox the smaller boxes of mice/keyboards from inside the PC boxes as well. I went back to the office and my colleague said - after getting up from his comfy seat and putting his donut down (not kidding), "How did it all go?", I said, "I'm done", he's like, "Ahh... ok, we'll get a bite and you can finish it after that", and then I'm like, "No, I'm done, I'm leaving, I didn't sign up for this sh*t". I patted him on the shoulder, took my coat, went downstairs, flicked my pass at the receptionist and left the building.

There was so many other reasons though... Mostly, I wasn't given much information, no IT induction and my colleagues were hardly ever around to answer my questions i.e. what's this/that server, where's this guy, do you have any switches or PCs???

Anyway... I didn't sign up for this sh*t.

This is what I'm going to do:

I'm ringing my agency tomorrow and telling them what I told you guys. If he get's all sh*tty with me, I'll say, "I don't want to go back and would rather be released from my contract". If he says "no", then I can offer to go back so he can't get all legal on me and I doubt that the client will want me back after all that, so they'll end up cancelling the contract anyway.

What do you all reckon???

Oh yeah, I can't get anyone as a substitute.

**RichardCranium** · 9 December 2009, 21:22

Originally posted by Branded View Post

"How did it all go?", I said, "I'm done", he's like, "Ahh... ok, we'll get a bite and you can finish it after that", and then I'm like, "No, I'm done, I'm leaving, I didn't sign up for this sh*t". I patted him on the shoulder, took my coat, went downstairs, flicked my pass at the receptionist and left the building.

Class!

Originally posted by Branded View Post

I'm ringing my agency tomorrow and telling them what I told you guys. If he get's all sh*tty with me, I'll say, "I don't want to go back and would rather be released from my contract". If he says "no", then I can offer to go back so he can't get all legal on me and I doubt that the client will want me back after all that, so they'll end up cancelling the contract anyway.

What do you all reckon???

Yep. I think you can be confident you're released!

I've had a couple of clients where support staff were treated like scum - such clients are accustomed to contractors walking.

**Gonzo** · 9 December 2009, 21:30

Originally posted by Branded View Post

Thanks for the replies so far guys - I was expecting some smartarse comments e.g. "You make contractors look bad" etc.

Yeah, I'm surprised about that too.

Everyone must be out on Christmas parties and such like.

I walked out on 3rd week of 3 month contract