Contract terminated 2 weeks before end and bonus due

**pmeswani** · 22 December 2011, 11:40

Originally posted by Slick View Post

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.

Well, the agent will always take the client side, as it is the client that pays the agency's bills. So unless you have compelling evidence of defamation of character and plenty of wonga.com handy to take the client to court, I would drop it and move on.

Welcome to the world of contracting.

**NotAllThere** · 22 December 2011, 11:50

Learn from your mistake and move on.

There was a member here, now banned, named KittyCat. You might like to find her posts and the discussion about suing agencies.

**Joeman** · 22 December 2011, 12:23

NAME and SHAME the client!! lets all know who we should not be signing a contract with!!

**northernladuk** · 22 December 2011, 13:05

Originally posted by Joeman View Post

NAME and SHAME the client!! lets all know who we should not be signing a contract with!!

Don't be silly. There are two people involved in signing a contract. If you don't like what they agent is doing/saying you negotiate or you don't sign.

This might also be unique to this user and also be a bit of a story behind this we don't see. Naming and shaming is a waste of time (in most cases).

**northernladuk** · 22 December 2011, 13:11

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).

This is not in your contract. It will be in a security and/or computer use policy. It will explicitly state that you cannot access the network on any device except those authorised. You did. It is pretty black and white. For someone that works in IT your inability to grasp this is pretty astounding.

Why do you think he told you to make sure you take your laptop home? To rest your coffee on?

Check your starter packs or ask the agent. You will have signed something.

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.

Of course they have stuck up for the client. That is his customer. Who do you think they will stick up for, the people that pay him or the person that has broken the rules?

My advice is to grow some kahuna's and be a bit more aware of what you are (a contractor), your relationship to your client/agent and understand your responsibilities to your client and the risks of not carrying them out.

**Support Monkey** · 22 December 2011, 13:26

Originally posted by Slick View Post

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.

If they have terminated your contract within the letter of the contract such as correct notice period and they have not withheld payment then you have no rights as they have not done anything wrong, and they can give you all the reasons under the sun but there is little you can do, the best option would be to bow out gracefully and spend your time finding another contract.

**psychocandy** · 22 December 2011, 13:52

Originally posted by northernladuk View Post

This is not in your contract. It will be in a security and/or computer use policy. It will explicitly state that you cannot access the network on any device except those authorised. You did. It is pretty black and white. For someone that works in IT your inability to grasp this is pretty astounding.

Why do you think he told you to make sure you take your laptop home? To rest your coffee on?

Check your starter packs or ask the agent. You will have signed something.

Of course they have stuck up for the client. That is his customer. Who do you think they will stick up for, the people that pay him or the person that has broken the rules?

My advice is to grow some kahuna's and be a bit more aware of what you are (a contractor), your relationship to your client/agent and understand your responsibilities to your client and the risks of not carrying them out.

And I thought NLUK was being nice today because it was Xmas!

But I think hes right. I've always taken it as read that the clients policies for whatever (be it health and safety, computer use etc) have to be followed as part and parcel of the deal.

Then again, it could be that they're trying to dodge the final bonus bit. You'll probably never know as everyone has told you here. tulip happens.... Even more so in the contractor world than in permie world it seems.

**pmeswani** · 22 December 2011, 13:58

Originally posted by psychocandy View Post

And I thought NLUK was being nice today because it was Xmas!

But I think hes right. I've always taken it as read that the clients policies for whatever (be it health and safety, computer use etc) have to be followed as part and parcel of the deal.

Then again, it could be that they're trying to dodge the final bonus bit. You'll probably never know as everyone has told you here. tulip happens.... Even more so in the contractor world than in permie world it seems.

I only ever use my personal equipment to connect to the client company if they are aware of it and are happy for me to do it. Whether it be my mobile phone to check emails, or my own PC to VPN into the business. It is always done with the client knowledge.

**northernladuk** · 22 December 2011, 14:02

Originally posted by psychocandy View Post

And I thought NLUK was being nice today because it was Xmas!

I thought I was being nice

Contract terminated 2 weeks before end and bonus due