Leaving gig without notice

[Gaz_M]

I've searched this forum for an answer but can't find anything specific to this case so I'll ask right here!
A contractor left the place I'm currently working at without giving any notice as he'd had enough. His, and mine, contract stipulates a 2 week notice period from both parties. This was four weeks ago & the boss here has now refused to sign his final invoice.
I've now been offered a new (& much better) gig & may have to leave at very short notice too (if any notice at all). Can anybody tell me where he (and maybe I) lay in terms of where we stand? Is he in the wrong for not signing off the invoice or is he well within his rights to do so?

[Pondlife]

If you breach the terms of the contract you agreed with the client, then they are rightly going to get the hump.

The question is how badly do you want the new gig? Enough to burn bridges with the current client and risk having to get solicitors involved for the outstanding month's invoice?

Edit: Bare in mind that the client could also sue you for costs incurred by you breaking that contract if you decided to 'go legal' over the outstanding month's invoice.

[TestMangler]

If you breach the terms of the contract you agreed with the client, then they are rightly going to get the hump.

The question is how badly do you want the new gig? Enough to burn bridges with the current client and risk having to get solicitors involved for the outstanding month's invoice?

WplS

If your colleague had burned his hand in a fire, would you ask everyone what would happen if you put your hand in a fire ?

If your contract states that two weeks notice must be given, then by not giving notice, you are breaching that term of the contract. Breaches of contract are not free of ramifications

Having said that, client co refusing to sign off against time actually worked is not the correct way to deal with it, but what are you (or he) going to do about it ? Engage solicitors ? Sue agency ?

If you want another gig, serve notice on client co and go get one.

[northernladuk]

I feel sorry for all the other contractors on your site that are going to get treated like absolute tulip because you are your mate can't fulfil the terms of a legal contract properly. The new guys are going to probably end up signing one month contract's either way and some other penalty because of your actions.

If your mate has done this and the client is already pissed off I wouldn't like to think what he is going to try do to you. So far I haven't seen a client take anything legal but there is only so far you can push him.

We moan about getting ridiculously long payment periods and working conditions but it's not hard to see why.

[Gaz_M]

I feel sorry for all the other contractors on your site that are going to get treated like absolute tulip because you are your mate can't fulfil the terms of a legal contract properly. The new guys are going to probably end up signing one month contract's either way and some other penalty because of your actions.

If your mate has done this and the client is already pissed off I wouldn't like to think what he is going to try do to you. So far I haven't seen a client take anything legal but there is only so far you can push him.

We moan about getting ridiculously long payment periods and working conditions but it's not hard to see why.

Luckily you found out all the facts before posting that - otherwise you'd have made yourself look a right tw*t......................................oh

[JamJarST]

Luckily you found out all the facts before posting that - otherwise you'd have made yourself look a right tw*t......................................oh

You posted the facts and he responded to them, did you hold some information back? If you did then it is you who look stupid for asking the question but only giving us some of the facts, if you didn't then northern's answer seems reasonable to me.

[Gaz_M]

You posted the facts and he responded to them, did you hold some information back? If you did then it is you who look stupid for asking the question but only giving us some of the facts, if you didn't then northern's answer seems reasonable to me.

So you & northern know how many other contractors are on site from my post? And you also believe I asked what would happen to them (had there been any)? The point is totally irellevant else I would have mentioned it in my original post.

I asked "Is he in the wrong for not signing off the invoice or is he well within his rights to do so?" - I've read both of your replies time & time again but can't seem to find the answer to what I asked.

Thanks to the guys who did answer my question. However, have you ever known this to happen anywhere else?

[LisaContractorUmbrella]

I've searched this forum for an answer but can't find anything specific to this case so I'll ask right here!
A contractor left the place I'm currently working at without giving any notice as he'd had enough. His, and mine, contract stipulates a 2 week notice period from both parties. This was four weeks ago & the boss here has now refused to sign his final invoice.
I've now been offered a new (& much better) gig & may have to leave at very short notice too (if any notice at all). Can anybody tell me where he (and maybe I) lay in terms of where we stand? Is he in the wrong for not signing off the invoice or is he well within his rights to do so?

IANAL but I think that the client is well within his rights not to sign the timesheet as your colleague has breached the terms of the contract; the consideration would be for recompense of the financial loss caused by the suspension of the contract whilst a replacement was found.

[JamJarST]

So you & northern know how many other contractors are on site from my post? And you also believe I asked what would happen to them (had there been any)? The point is totally irellevant else I would have mentioned it in my original post.

I asked "Is he in the wrong for not signing off the invoice or is he well within his rights to do so?" - I've read both of your replies time & time again but can't seem to find the answer to what I asked.

Thanks to the guys who did answer my question. However, have you ever known this to happen anywhere else?

Well to answer your question, the client is not in the wrong to not sign off the invoice as the contractor has breached the terms of that contract. Happy now

[craig1]

If you really want to leave a gig at short notice and this will breach your contract then the only ethical and sensible thing to do is discuss it with the client, explaining your reasons and how you intend to minimise the impact on them. If they say "no" then you have to use your own judgement but the greatest majority of clients I know will be open to some sort of compromise.

Options to minimise the client's impact:

1. Send a subbie!
2. Offer to work a couple of days rate free to hand over your work
3. Ask if they'll cut the notice to a few days or a week and in return you'll put in extra hours to make up some of the lost notice
4. Find out what else you can do.

It's not a black/white situation, negotiate! Edit: That said, your friend may have screwed that option up for you all!