What would you do?

[StarApple]

Hello and I am new here.

I am not into IT but I am a contractor in the Financial arena. Something happened and I need some feedback or advice. First let me give you the background info:

I had a reasonable cushy contract with a bank, but was getting homesick as I was staying the week as a lodger away from home. Did a year there and was starting to feel really tired and powered out as well, plus the target was being pushed up all the time. In the end the target was double to when I started there and overproduction was out the window.

I then get a call from another contracting firm and I handed in my notice as the new job was in my hometown. Great I thought, able to go home and get a bit more money, less expenses as I umbrella.

During the last day of my notice period I get told the new site is not at my home town but actually further way than where I was at that time but it would only be temporary until the site in my home town is ready, plus the start date has changed too adding week after week. So been sitting around waiting for nearly 4 weeks to get the go ahead and a contract as well. They kept phoning me stating as long as I wait they will pay me half the day rate as it was not my fault I was not working for their client (as long as I sign the contract in the end). Duh, I handed in my notice for them. To be fair I needed a holiday anyway and they are never paid ;-) I visited the new contract place and there is no way I could drive that. It took me 3 hours just to get there, plus a full tank of fuel.

So in the mean time offers keep coming in, some quite juicy but again far, far from home, I decline waiting on the "promised" contract.

Today I got an offer where I would work near my home town, only 40 minutes commute, total travel about an hour, plus it pays just a fraction more and it is a lot cheaper re the travel costs. I would still umbrella through a 3rd party but the contract is not a contract but an HSR20 ???? (Hays).

Then also today I finally got the promised contract. I have only contracted 2 times before and found this particular written contract a bit harsh. Plus what is really worrying me, is that there is no mention made of ever going to work in my home town (all I get is verbal assurances that the site in my hometown will be ready soon to handle all the contractors they hired). This means I will have to pay for a B&B or a room again or spend loads of money on commuting a good 4 to 6 hours a day. Having to get up at 5am to make it to work at 8.30 - 9.00am if I were to commute by train. I was also assured I would be one of the first going into this contract. As its a small world I know that there are people working there already for a couple of weeks now. I am worried it may morph into a long stint far from home.

So:

1st contract: Supposedly just around the corner from where I live, dragged out the start date, now far away where I have to stay overnight, but the contract is guaranteed for 2 years or longer. Start is next week.

New contract just in: 40 to 60 min commute door to door, a wee bit more money about 10%, cheaper in the long run as the travel costs are lower by a 3rd. Start date is supposedly 2 weeks time (but kind of open so could drag on a bit more). This weird HSR20 contract and could end at any time (supposedly people been working there since last year and are still there). but they keep looking for people all the time, so either they are growing the team or they are losing a lot of contractors all the time (not a good sign). Don't know anyone who works there to ask.

Trick question: Which one would you go for? Should I worry about upsetting the first contract by now not making it? Or should I start it and then drop it? I wont get paid and would have had a huge expense of traveling/commuting or staying near the site. They would also not pay for the 4 weeks I have been waiting for them to sort themselves out.

Personally I would prefer the new 2nd contract. But the people behind the 1st contract may not wish to look at me anymore in the future and they tend to have the best day rates most of the time. I don't really want to end up on their bad side even though what they have promised has not come through so far.

Maybe I am just a soft touch as still kinda fresh in the contracting scene and a girl, so maybe they think they can mess me around and get away with it.

The feedback I have had from my last contract where I handed in my notice, is that I could get back there if they have space. But don't really want to even though the atmosphere was great and nice perms, temps and contractors there.

[SueEllen]

Do what makes you happy.

Though expect the agent to scream and shout at you and threaten to sue you. Just be firm with them and don't give them a long explanation like you have done here.

In future:
1. Always agree acceptance subject to contract.
2. Demand a copy of the contract via email
3. Insist the site is mentioned in the contract

If they refuse to do 2 or 3 then if you need to tell them that you have declined the role then you have made it easier for yourself.

BTW it's nothing to do with being a woman as some of the most successful agents are women. Agents are chancers and will try it on with anyone.

[Wanderer]

They kept phoning me stating as long as I wait they will pay me half the day rate as it was not my fault I was not working for their client (as long as I sign the contract in the end).

Really? Is that a written offer or a verbal one. If it's not written then it doesn't mean anything.

I visited the new contract place and there is no way I could drive that. It took me 3 hours just to get there, plus a full tank of fuel.

Hmm, and you left you old contract because you didn't want a big commute or to stay away from home. Doesn't look so good now and it sounds like there is no guarantee that you will be relocated closer to home.

Take the one closer to home but tell the people from the first contract that you are still interested and ask that they give you a call when they set up the office closer to your home as it's not viable to commute it or to stay at B&B. If and when they come back to you you can reconsider your options.

[StarApple]

Thanks for your replies.

I accepted the offer verbally and asked them to email me before I handed in my notice. Which they did after having to chase it! I was not going to hand in my notice just on someones word from another agency. So it would be a bit steep for them to wanting to sue me. There is no written contract, just verbal promises and one email.

I have not yet agreed to the contract which came in via my umbrella, I would have to do that to make it legal. All I did was say verbally that I would do the work once I get the written contract via the Umbrella. So really they could still withdraw the offer as nothing was signed officially. Which means I could withdraw too by not confirming it to my umbrella!?!

I have now received the official start date for the second job. Nothing vague there anymore.

I think I will be straight up with the first firm and tell them that the place is just too far away and after having reviewed the situation once they have the home town site sorted out I would reconsider the offer if they will still take me. That is why I left the old job in the first place to be closer to home.

[SueEllen]

Thanks for your replies.

I accepted the offer verbally and asked them to email me before I handed in my notice. Which they did after having to chase it! I was not going to hand in my notice just on someones word from another agency. So it would be a bit steep for them to wanting to sue me. There is no written contract, just verbal promises and one email.

I have not yet agreed to the contract which came in via my umbrella, I would have to do that to make it legal. All I did was say verbally that I would do the work once I get the written contract via the Umbrella. So really they could still withdraw the offer as nothing was signed officially. Which means I could withdraw too by not confirming it to my umbrella!?!

Verbal contracts are legal in England, and the fact that they backed it up in an email could get you in trouble if they decided to pursue it.

Tell them that straight what you both agreed verbally and the email they sent confirming this conversation doesn't correspond with the terms of the written contract on the location, and therefore you are not accepting it.

Do it in an email and don't mention you have another offer.

They are unlikely to pursue it further however to protect yourself from threats of legal action make it clear that they went back on their word.

[StarApple]

Thanks again for your reply.

I wrote to them yesterday and said that since I did not get what they promised verbally I am no longer interested.

I think they are trying to keep me and they keep leaving messages on my phone and sending emails, but they are not stating that I am legally bound, nor are they confirming in the voicemails about any home site placements or in their emails. They are stating the site is not named in the contract and it says that I have to go where ever the client wants me. I think in "my contracting world" they wont go the legal route (if they do they will have a huge fight on their hands and I will tell all my contractor friends about it, in my arena its very small and incestuous), plus everyone, even my umbrella were under the impression that the site was to be in my home town. I think I was just too nice waiting on them. In effect I have lost 5 weeks pay for them coming up with site not ready, new site, new site again not ready...

Its stressing me out. So I sent another email today telling clear why I am not going to the new site, what I did to make their initial start date, for them to have broken promise after promise. The money I have lost because of them. I also told them I have a new contract and will start next week. But worded it in a nice way, as not to burn all bridges in the future if they will ever take me on again of course stands in the stars.

I guess it is a nice problem to have I guess. Also had another 3 emails and calls from other agents looking for me. But I will just stick with what I have now, since I signed the contract with the new firm.

[Wanderer]

Its stressing me out. So I sent another email today telling clear why I am not going to the new site, what I did to make their initial start date, for them to have broken promise after promise. The money I have lost because of them. I also told them I have a new contract and will start next week. But worded it in a nice way, as not to burn all bridges in the future if they will ever take me on again of course stands in the stars.

They promised you work which never turned up, they make a big noise about you having to honour a contract when they haven't honoured their side of the deal but at the end of it all they are just doing business. There's no hard feelings and they will be straight back to you if they think they have another offer you might be interested in.