Leaving gig without notice

[Pondlife]

I agree.
Ok, we all know it is wrong of any contractor to walk & not complete his/her notice period. However, if the guy here had phoned in sick instead of phoning in to say he wasn't returning & at the same time given his two week notice, then was off sick for his notice period, he would have been entitled to his last payment.

You can keep changing the parameters of the question until you hear the answer you like but it won't change things.

It boils down to company A has signed a contract with company B to provide a product/service. It hey don't provide it and break the terms of the contract by doing so they are potentially liable for the costs of rectifying this.

[Gaz_M]

You can keep changing the parameters of the question until you hear the answer you like but it won't change things.

It boils down to company A has signed a contract with company B to provide a product/service. It hey don't provide it and break the terms of the contract by doing so they are potentially liable for the costs of rectifying this.

I'm not trying to get an answer I want as I'm personally in negotiations to move on at short notice which would suit both parties (which is very amicable at present).

My latest reply was a scenario put to me by a contracting colleague I have known for years. Phoning in sick for your notice period would get round the issue the guy now finds himself in which just proves to me how lame the whole thing is.

[Old Greg]

I'm not trying to get an answer I want as I'm personally in negotiations to move on at short notice which would suit both parties (which is very amicable at present).

My latest reply was a scenario put to me by a contracting colleague I have known for years. Phoning in sick for your notice period would get round the issue the guy now finds himself in which just proves to me how lame the whole thing is.

As another poster has said. Do you have a Right of Substitution clause? If so, invoke it and if they don't like it they can terminate the contract.

[BlasterBates]

I'm not trying to get an answer I want as I'm personally in negotiations to move on at short notice which would suit both parties (which is very amicable at present).

My latest reply was a scenario put to me by a contracting colleague I have known for years. Phoning in sick for your notice period would get round the issue the guy now finds himself in which just proves to me how lame the whole thing is.

Basically when you leave a contract without honouring the notice period, you are almost certainly obliged to pay compensation. Whether he refuses to pay the invoice or he sends you a bill for the same amount is irrelevant. What you need to do is negotiate with him, or end up in a legal dispute, which is always costly and absolutely no guarantee of success even if you hired a detective to collect your evidence for you.

Even a permie would probably have his pay docked if he walked off site without notice.

[minsky1]

From a hirer's point of view, i.e. mine, the guy who left is lucky he only lost his last invoice. If that were me I would be seeking further remedy if it were a software dev contract. If your hired through an agency, dont ever expect to get placed by them again..... they are likely to lose out on repeat business from their client due to the reliability of guys they are sending in.

If your direct, then its fun and games all round. The last problem I had with a contractor ended up with him paying out in full for failing to turn up and fulfill a gig after signing a contract. I think it was about 3k all told......

[minsky1]

I'm not trying to get an answer I want as I'm personally in negotiations to move on at short notice which would suit both parties (which is very amicable at present).

My latest reply was a scenario put to me by a contracting colleague I have known for years. Phoning in sick for your notice period would get round the issue the guy now finds himself in which just proves to me how lame the whole thing is.

Most hirers are wise to this....... I would stiplulate the handover must be completed within the notice period. And it would need to be to our satisfaction. If not, then I would regard it as a breach.

If your off sick, then your prolonging the agony of completing.

[rd409]

Does your contract have a MOO? If yes, then you are not obliged to accept any work from the client. You can serve the notice of termination of the contract, and pretty much leave the next day. Regarding the client not signing your timesheets, are you through an agency? Did you sign the opt out? If you are opt in, then you should be able to invoice the agency irrespective of the timesheet being signed by the client.
Having said that, it is not good to walk away from a contract midway, and as previously said, this is quite a small world, and the words go through and you might find it difficult down the line. The best thing is negotiate an early exit with the client. Tell them why you want to leave early, and what you are trying to do to help them. They would appreciate your efforts and you will have some good reputation, which might help you in your career.

[northernladuk]

Does your contract have a MOO? If yes, then you are not obliged to accept any work from the client. You can serve the notice of termination of the contract, and pretty much leave the next day.

I don't think this is true in this case. You have already accepted the work as part of the contract. You are right you do not have to accept new work above and beyond that of the contract but you still have to fulfill the work you agreed to do. You can't use this as an excuse to stop work one day and bugger off.

[Wobblyheed]

It's been said earlier. Just go and see the client and discuss the options. Far better to do this and part on good terms than just not turning up. In my experience they usually accept it (sometimes begrudgingly) as "all in the game" when hiring contractors.

Either that or say you're off on holiday for 2 weeks then "forget" to come back.

[minsky1]

Not wishing to stick my head above the parapet too far and risk getting hit by sniper fire, the theme to this thread is the the epitome of the contractor/disguised employee argument.

Its also one reason why I refuse to engage with agencies in suppling contractors.

When I take on a contractor direct, via our own contract terms, if he fails to deliver or fulfill his obligation, he wont get paid. Also, if my company is adversely affected by his (company's) actions or fails to deliver, he will suffer penalties. That is how real businesses work. End of.

(I think i've just described the risk test for IR35)....