Early termination & not honouring notice period. Did you fight it and win?

[northernladuk]

We seem to have a raft of early termination questions and clients/agents not honouring notice dates in the last few months and the advice ranges from fight it, send letters, threaten with legal action to take it on the chin and walk. I have never been in this situation but as far as I can see over the years here there have been many breaches of contract on both sides but unless you actually take legal action the contract is just worthless.

So.... all you guys that have posted about early terminations/not fulfilling notice obligations, withholding pay etc.. Has anyone fought it and won or have you just taken it on the chin and walked? I would be interested to hear.

[meridian]

We seem to have a raft of early termination questions and clients/agents not honouring notice dates in the last few months and the advice ranges from fight it, send letters, threaten with legal action to take it on the chin and walk. I have never been in this situation but as far as I can see over the years here there have been many breaches of contract on both sides but unless you actually take legal action the contract is just worthless.

So.... all you guys that have posted about early terminations/not fulfilling notice obligations, withholding pay etc.. Has anyone fought it and won or have you just taken it on the chin and walked? I would be interested to hear.

I've had both sides.

In one contract I still had three months to go on paper, they called me in one Thursday and said don't bother coming in on Monday, there's no more work. Took it on the chin (hey, that's contracting) and got a great reference from them.

In another, I only had a week to go but had a new contract lined up. Told the client that I wasn't coming in on Monday. It wasn't a blow to the client (it was only tidying up and a bit of paperwork to do in that last week anyway) so we parted on good terms.

[Not So Wise]

but unless you actually take legal action the contract is just worthless.

This is basically the essence of all contracts, nothing unique to IT contracting

It's a set of agreements, if one party breaks them the other can try to claim compensation/restitution but only place they can enforce this is the courts

[northernladuk]

Theroyale posted a win in this thread

Fighting your corner and winning

was terminated in similar circumstances from a contract a few months ago. While my battle wasn't on notice period pay it was on outstanding invoices. I got the exact same cavalier attitude from both the client and the agency. I had to meet the director of the agency personally, explain the situation to her (ie make clear that my dealings are with agency Only, and not with client: which is what people here are asking you to do) and then hold my ground as to what I'm owed, and at the end of that (heated) discussion got an email out of her that stated that All outstanding invoices would be paid within 45 days. You need to have a similar discussion with your agency (as high up as possible) and get something similar in writing. 45 days later nothing had happened, and then I had to send out an official-sounding email to the agency stating that their time was up and they were now legally obliged to pay my arrears. I finally got the money I was owed.

I'm a little surprised that fellow-posters aren't more than a little outraged at what has happened to Diesel here. If we as contractors take this sort of thing lying down it only encourages more cavalier behaviour from both companies and agencies.

And surely going to court/initiating proceedings is an expense (of time and money) on both sides. Something both sides will want to avoid having to do just as much as the other.

[nomadd]

We seem to have a raft of early termination questions... I would be interested to hear.

Two contracts terminated early with mutual consent. They paid up until the day I left. Everyone walked away happy.

One termination due to a client's company being taken over by a larger concern. They were obliged to give one months notice and pay. My client hated the company that was taking them over, so insisted I take 3 months pay instead, and as a bonus I could leave whenever I liked. That big cheque, whilst I spent 3 months sat on a beach, was the best time I ever had in contracting. If only all contracts would end that way...

Never had to "fight" to get paid, but would - to the death - if I had to. Wouldn't think twice about going to court if that's what was required.

[Wanderer]

We seem to have a raft of early termination questions and clients/agents not honouring notice dates in the last few months and the advice ranges from fight it, send letters, threaten with legal action to take it on the chin and walk.

So what does the X days notice period in the contract really mean? I take it to mean that:

1. The consultancy company has to give X days notice that they will stop providing services to the client.
2. The client must give X days notice that the work will finish.

But what if either side decides that the contract will terminate without giving the required X days notice. For argument's sake, let's presume there is no force majeure or gross misconduct and there are no liquidated damages specified in the contract. What happens now?

If the client terminates, would they have to pay the consultancy company for the notice period?
If the consultant company terminates, would they forfeit payment for services provided in lieu of notice?

I'd love to hear what agents say to this question....

[diesel]

basically its a
1. Consultancy to give notice to client.
2. Client can F8$% and sh8t on consultancy whenever and however they want with out reason.

Not a member of PCG but surelyif many contractors join and complain of the same they can do something??

[MarillionFan]

Client asked me a week ago that he would terminate at the end of last week(3 weeks early).

I pointed out we had a 'no notice' contract, which he took to mean 'no notice needed'. I pointed out it was a breach. It never went any further, they found work for the remainder of the month and asked me if I want another two months in Nov/Dec.

Basically can't manage themselves.

I did get terminated from a contract a few years back, went down the legal route, including a letter but it was definitely going to go to court and frankly I decided to move on.