How to say NO to a contract?

[The Wikir Man]

Thursday morning (Today) - I get confirmation for other role.

I don't want to seem pedantic, but you didn't get a confirmation. What you were told was "as long as we can get the PO through, and sort out when we want you to start, then we want you to start then, providing we haven't found anyone cheaper / better in the meantime". However it was worded, that is what you got.

I want to say NO without coming across as opportunistic/clever/unprofessional/silly having said YES before (in the email).

As I said - you can't.

[northernrampage]

How would you say NO in a professional way, not coming across as too clever?

Thanks.

You can't really, some view it as unethical.

Not judging as I've done this, when I was being directly employed by a client. I changed my mind after looking at finances and realised it just didn't pay enough, and if I took it I may end-up stuck up north and not have access to the masters I wanted to do next year (and yes, I should have thought this through more when verbally accepting).

For a contract, I'd imagine they'll fill it very quickly, mine was permanent. But I'd just decide about whether you want to work for the agent again. I don't want to work for this company so I burned no bridges, only perhaps moral ones. Next time going to try and be sure.. wasn't a great phone call. I've also had companies make me verbal offers then renege, I was annoyed at the time.

But I dunno.. have you loads of options out there if the second one doesn't come through? Could be a risk.

[Joe Bloque]

northernladuk. Thanks. I'will stick to my stand. It makes sense.

Role2 starts after Easter. If I accept Role1 starting Monday, serve my notice in first week or in the middle of the contract - I'm not sure that looks professional either. And client being a small company they will do better with this mess early than me postponing it later.

I know verbal acceptance has legal stand but given the urgency/nature of their project (I'am assuming) they are unlikely to come after me. Frankly, I want to say sorry for having wasted their time.

It is becoming clear what I need to do. I'm looking for reasonable ways in dealing with this situation protecting my position.

<flame-proof>
Joe Bloque
</flame-proof>

[SizeZero]

Role 1:
Small company working for a large public sector client.
Interview Tuesday, Contract offered Wednesday, Starting on Monday. Good review from the interviewer - Best interview ever he did in 20 years. Wrote to me how delighted he was offering the role.

I don't think you will be able to mend bridges there if you bail now. If you were to meet this guys expectations, you might get lots more opportunities from them in the future because you've made a really good impression. If you bail with *looks at watch* 1.25 working days left, they'll remember you but for all the wrong reasons. You will be causing them to let their customer down, meaning you have caused them to appear unprofessional.

It's your choice, but +15% for a role that you haven't seen a contract for yet (is it outside IR35?) isn't worth the contract it is(n't yet) written on...

[northernladuk]

northernladuk. Thanks. I'will stick to my stand. It makes sense.

Role2 starts after Easter. If I accept Role1 starting Monday, serve my notice in first week or in the middle of the contract - I'm not sure that looks professional either. And client being a small company they will do better with this mess early than me postponing it later.

I know verbal acceptance has legal stand but given the urgency/nature of their project (I'am assuming) they are unlikely to come after me. Frankly, I want to say sorry for having wasted their time.

It is becoming clear what I need to do. I'm looking for reasonable ways in dealing with this situation protecting my position.

<flame-proof>
Joe Bloque
</flame-proof>

None of this particulalry professional anymore so would forget that notion. you are screwing someone over. just deal with it at that level. tell the people you dont want to work with as soon as possible by mail, ride out the tulipstorm that will follow and just weather it through. there is no way they will get a lawyer to enforce any notice or anything. just do the dastardly deed and move on imo

[The Wikir Man]

Role2 starts after Easter. If I accept Role1 starting Monday, serve my notice in first week or in the middle of the contract - I'm not sure that looks professional either.

You assume that the contract would have a notice period in it. Many that I have seen do not have a notice period.

And client being a small company they will do better with this mess early than me postponing it later.

Oh, aren't you good to them You're going to give them a day to resource their urgent project. Assuming that you had a notice period, and that notice period is two days or more, then they would be in a better position if you started and then left. But you convince yourself that you are doing it for their benefit.

I know verbal acceptance has legal stand but given the urgency/nature of their project (I'am assuming) they are unlikely to come after me.

If the project is urgent, then you may well find that they are more likely to come after you - they will need to re-advertise and short notice, and in order to fill that urgent requirement, may need to offer a higher rate to get someone on quicker. If they find resource via a different agency, then the agency you went through may well be looking to recoup their losses and loss of potential revenue.

It is becoming clear what I need to do. I'm looking for reasonable ways in dealing with this situation protecting my position.

<flame-proof>
Joe Bloque
</flame-proof>

There is no way to protect your position easily.

The BEST way out of this would be to take role 1, and then start looking for a substitute to either do role 1 or role 2. If role 2 falls through, then you stick to doing role 1; if not then you bring your substitute in and they do the work. Everyone wins, especially as it helps your IR35 defence.

[Joe Bloque]

I don't think you will be able to mend bridges there if you bail now. If you were to meet this guys expectations, you might get lots more opportunities from them in the future because you've made a really good impression. If you bail with *looks at watch* 1.25 working days left, they'll remember you but for all the wrong reasons. You will be causing them to let their customer down, meaning you have caused them to appear unprofessional.

It's your choice, but +15% for a role that you haven't seen a contract for yet (is it outside IR35?) isn't worth the contract it is(n't yet) written on...

Agree. Part of me feels guilty for having impressed first and turning down later. I think I will be doing them a huge favour saying NO when I have my sights else where already.

[northernladuk]

Agree. Part of me feels guilty for having impressed first and turning down later. I think I will be doing them a huge favour saying NO when I have my sights else where already.

Mate you are not getting it. You are doing no one a favour! You are screwing them and cleaning you mess up to appease yourself. Dont try and convince yourself you are doing them a favour. Thats just sanctimonious BS.

Dont ever do me any favours lol

[Joe Bloque]

You assume that the contract would have a notice period in it. Many that I have seen do not have a notice period.



Oh, aren't you good to them You're going to give them a day to resource their urgent project. Assuming that you had a notice period, and that notice period is two days or more, then they would be in a better position if you started and then left. But you convince yourself that you are doing it for their benefit.



If the project is urgent, then you may well find that they are more likely to come after you - they will need to re-advertise and short notice, and in order to fill that urgent requirement, may need to offer a higher rate to get someone on quicker. If they find resource via a different agency, then the agency you went through may well be looking to recoup their losses and loss of potential revenue.



There is no way to protect your position easily.

The BEST way out of this would be to take role 1, and then start looking for a substitute to either do role 1 or role 2. If role 2 falls through, then you stick to doing role 1; if not then you bring your substitute in and they do the work. Everyone wins, especially as it helps your IR35 defence.

I don't agree with you at all. Couple of things I can make out.

You are new to contracting and IR35.
You have limited experience dealing with agents/clients.
You are couple of posts away from losing 'Not worth listening to'

[northernladuk]

I don't agree with you at all. Couple of things I can make out.

You are new to contracting and IR35.
You have limited experience dealing with agents/clients.
You are couple of posts away from losing 'Not worth listening to'

lol in your position i wouldnt go around throwing stones if i was you. He isnt the one in breach of contract and arguing on basis of post count is a little thin