Contract terminated 2 weeks before end and bonus due

[tractor]

..

Hi all,

I'm hoping someone can help me with this as I want to know if i have any rights.

My contract was cancelled 2 weeks before the end. I tookk a rate drop and stupidly agreed to a substantial bonus on completion, which I'm now not going to get. To me it smacks of them terminating my contract so they don't have to pay me the bonus.

They are claiming gross misconduct as I didn't use my work laptop to access the internat network whilst working from home. Although it does not state that I have to do that in my contract. My boss just told me to get access to the network from home and to make sure I took my work laptop home (I cannot get the exact wording anymore as it's in work e-mails that I no longer have access to). When I quizzed them on that they then stated that my work was inadequate (after being there for 2.5 months and not having said that so far) and my attendance was poor, (again this had not been raised prior to them terminating my contract). I consider both of the last statement to be inaccurate. I'm interested in knowing if anyone has any advice. The agency I went through have been useless and have stuck up for the client and not me. I'm extremely upset and frustrated about the whole thing, I've never been in this position before and had my professionalism questioned before. Any help/advice woudl be much appreciated.

No one else picked up on it but even though the OP may consider the attendance complaint innaccurate, I wonder what the actual attendance %age was against available days. If it was actually low, maybe the client was pretty annoyed at the level of commitment but hadn't said anything until the OP gave them enough rope to hang him with?

Anyway, bonuses are for permies and footballers.

[SueEllen]

No one else picked up on it but even though the OP may consider the attendance complaint innaccurate, I wonder what the actual attendance %age was against available days. If it was actually low, maybe the client was pretty annoyed at the level of commitment but hadn't said anything until the OP gave them enough rope to hang him with?
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I saw that but fighting it isn't really going to help Slick as the real issue is the security one.

If he had used his company laptop then the client may have been more careful about making those additional comments without proof.

[nomadd]

anywhere north of Liverpool street station and i'd be in a similar mood...

What, ya means like ya lives sarf of dah rivah?

Now that is depressing.

Anyway...

OP: You were shafted, but then you didn't exactly help your own case. So, simply forget about it now, have a nice long break over Christmas, and start 2012 in a positive mood for job hunting. It's going to be a tough year in 2012, I feel, so don't let this burn away inside you making things even worse. Next post I want to see from you should simply read: BOOMED!

[Wanderer]

My contract was cancelled 2 weeks before the end. I tookk a rate drop and stupidly agreed to a substantial bonus on completion, which I'm now not going to get. To me it smacks of them terminating my contract so they don't have to pay me the bonus.

The rights you have are the ones set out in your contract. From the very limited amount of information you give, it sounds like the client may be in breach of contract.

Lots of people here will disagree with my advice and say that you should bend over and take it but I'd invoice the agency for the notice period and completion bonus and then take it to court and fight it out if they don't pay.

Invoicing the agency will cost you almost nothing (maybe an hour to prepare the invoices and covering letter) though so go ahead and do that. Likewise, a sternly worded solicitors letter threatening legal action can be generated for a few quid. Who knows, there is a small chance that they might make an offer of a settlement and even if you don't have the will to fight you will get something out of it.

You have to consider how much money is owed, if you have the stomach for a fight and get some proper legal advice before you proceed (you won't get proper legal advice here though!).

Good luck!

[TheFaQQer]

My contract was cancelled 2 weeks before the end. I tookk a rate drop and stupidly agreed to a substantial bonus on completion, which I'm now not going to get. To me it smacks of them terminating my contract so they don't have to pay me the bonus.

I had a summer job like that once - you got a bonus at the end of the season equivalent to 30p for each hour worked, if you didn't get sacked. Last two weeks, the managers used to hunt in packs to see who they could fire so it didn't get paid.

They are claiming gross misconduct as I didn't use my work laptop to access the internat network whilst working from home. Although it does not state that I have to do that in my contract. My boss just told me to get access to the network from home and to make sure I took my work laptop home (I cannot get the exact wording anymore as it's in work e-mails that I no longer have access to).

Sounds 50/50 to me - did you have any security / network policy to check out? The majority of clients I've worked with have had a policy where there was no chance of having your own equipment on the network, but I've had a couple where it was expected to use your own equipment. If the client made it clear (or it was a reasonable assumption that you should use their equipment), then I'd say you have no chance. Thinking on it, why would you be expected to take the work laptop home and not use it

When I quizzed them on that they then stated that my work was inadequate (after being there for 2.5 months and not having said that so far) and my attendance was poor, (again this had not been raised prior to them terminating my contract). I consider both of the last statement to be inaccurate.

If it's in writing, then sue for malicious falsehood / slander if it's not true. But it will cost you a fortune and probably make no difference.

The agency I went through have been useless and have stuck up for the client and not me.

That's hardly surprising, is it? Chances of the client putting money their way are significantly higher than you putting money their way. If the agency has been told you were unprofessional, then you need to remedy it, though. Explain politely to the agency what you think has happened, tell them that you'll just chalk it up to experience, and if they have anything in future, please bear you in mind. You don't want the agent thinking of you as unprofessional.

I'm extremely upset and frustrated about the whole thing, I've never been in this position before and had my professionalism questioned before. Any help/advice woudl be much appreciated.

Now chalk it up to experience. Try to build bridges - politely explain to the client (if you want) that you wish they'd said something earlier, as you could have done something about it, but it's business.... Make sure that the agency don't mention to anyone else in passing that you are unprofessional and take too much time off.