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Ditching a contract without giving notice

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    #11
    Originally posted by psychocandy View Post
    First off - please can we try not to let this thread get into an argument about the rights and wrongs of ditching a contract. Also, rights and wrongs of staying/going...

    Anyone ever ditched a contract by not using notice period? i.e. invoking MOO or whatever.....

    Always seems a bit confusing this notice period idea anyway what with MOO and all that.

    Legally speaking, am I right in saying that either client or contractor can ditch at a moments notice and decline to pursue any further work?

    I know some on here will spout the old never ditch a contract argument but I believe you've got to look after yourself. And I'm not sure many would stick with the last 2/3 weeks of a dead contract and cough up a decent 6-monther somewhere else.
    Yes.

    1 month after contract extension the client canned the project and 'passed' me onto another function 'in need of my specialist skills'.

    I resigned immediately (siting MOO) after the meeting and was out of the door by lunchtime.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

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      #12
      Originally posted by cojak View Post
      Yes.

      1 month after contract extension the client canned the project and 'passed' me onto another function 'in need of my specialist skills'.

      I resigned immediately after the meeting and was out of the door by lunchtime.
      Have done the same, not quite as quickly as this but I see this as a different situation altogether IMO. One is just bailing leaving the client/agent in the lurch, this is a change in business so you move on. I think the attitude of the client/agent would be completely different in this situation compared to PC's.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #13
        Originally posted by TheFaQQer View Post
        I know someone who's done that.

        Two contracts in a row, he "broke his leg" to get out. Unfortunately, the same person replaced him on both gigs, so word got out

        Don't do it too often, don't make it something too obvious.
        Totally agree. Not cool admitedly....
        Rhyddid i lofnod psychocandy!!!!

        Comment


          #14
          Originally posted by northernladuk View Post
          Let's be clear. You can do anything you want as long as you are willing to deal with the fallout without moaning about it. It's your own making so don't exect it to be smooth. No one is going to sue you or take it legal. There will be an almighty bun fight and you will just have to work hard to get your money, which you will get. They cannot not pay it and they know it, but they can be as much of a tit as you (or the person you have in mind) are being. They are only playing you at your own game.

          There is also the fact that this could come and bite you late on but again, if you are willing to accept that and deal with it when/if it happens then again it isn't a stopper to what you want to do. I would guess doing it once isn't going to kill you, thinking it is an acceptable thing to do regularly, I would hope, will cost you a lot of money in the long run.

          By the same token you aren't really going to sue them either, alot of dunning and letter writing will sort it out. Cut's both ways.
          I dont disagree. Not cool to ditch a contract under normal circumstances if you can possibly help it.
          I hear you though.
          Rhyddid i lofnod psychocandy!!!!

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            #15
            Originally posted by northernladuk View Post
            IMO this is even worse. They will know you are lying which is another black mark. If you are going to bail for a reason at least man up and be honest. Some people may actually be able to deal with the fact you are having to change for business/personal reasons, many would do the same. Being a lying slimeball is harder for people to swallow.

            Feigning illness is a chickens way out.
            Bit harsh though if its genuine..... :-)
            Rhyddid i lofnod psychocandy!!!!

            Comment


              #16
              Originally posted by cojak View Post
              Yes.

              1 month after contract extension the client canned the project and 'passed' me onto another function 'in need of my specialist skills'.

              I resigned immediately (siting MOO) after the meeting and was out of the door by lunchtime.
              Fair does then.
              Rhyddid i lofnod psychocandy!!!!

              Comment


                #17
                But did you mention that you don't have any work or very little to do?

                A word with the program manager or whoever and they'd probably be happy to save the last couple of weeks invoices.

                Provided you aren't leaving them in the lurch the only person getting hacked off is the agent?

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                  #18
                  Originally posted by northernladuk View Post
                  Have done the same, not quite as quickly as this but I see this as a different situation altogether IMO. One is just bailing leaving the client/agent in the lurch, this is a change in business so you move on. I think the attitude of the client/agent would be completely different in this situation compared to PC's.
                  OK. Theoretical question and answer honestly NLUK.

                  Client gives one more month extension and then says thats it deffo no more money. Bear in mind also that client has a long running MO of messing around with extensions etc.

                  You try to explain to them that its only fair for notice period to be one week for this month because you've got to find an alternative in a months time anyway, but you'll do your best not to invoke it unless you really have to. What you don't want to do is lose a prime contract because you're stuck for another 3 weeks.

                  OK. 2 days into the month a new contract with new client comes in. 6 months decent rate. They'll wait a week/10 days but won't wait almost 4 weeks. Do you:-

                  1. Give the current client as much notice as you can, but ultimately ditch for new client and 6 months possible work.

                  2. Stick with current client for the remaining time then end up on the bench.

                  Surprised if ANYONE says (2).
                  Rhyddid i lofnod psychocandy!!!!

                  Comment


                    #19
                    Originally posted by Antman View Post
                    But did you mention that you don't have any work or very little to do?

                    A word with the program manager or whoever and they'd probably be happy to save the last couple of weeks invoices.

                    Provided you aren't leaving them in the lurch the only person getting hacked off is the agent?
                    Nope. TONS of work. It looks like a political/financial decision purely. The local people at the sharp end are going nuts.
                    Rhyddid i lofnod psychocandy!!!!

                    Comment


                      #20
                      Originally posted by psychocandy View Post
                      OK. Theoretical question and answer honestly NLUK.

                      Client gives one more month extension and then says thats it deffo no more money. Bear in mind also that client has a long running MO of messing around with extensions etc.

                      You try to explain to them that its only fair for notice period to be one week for this month because you've got to find an alternative in a months time anyway, but you'll do your best not to invoke it unless you really have to. What you don't want to do is lose a prime contract because you're stuck for another 3 weeks.

                      OK. 2 days into the month a new contract with new client comes in. 6 months decent rate. They'll wait a week/10 days but won't wait almost 4 weeks. Do you:-

                      1. Give the current client as much notice as you can, but ultimately ditch for new client and 6 months possible work.

                      2. Stick with current client for the remaining time then end up on the bench.

                      Surprised if ANYONE says (2).
                      Instead of explaining to the client, you should have had it agreed you'd only take the month extension on the basis that you had a 1 week termination clause. No 1 weeker, no extension.

                      Look, if you want to take another contract and ditch your current one without hassle to a greater or lesser degree, I dont think it will happen.

                      JFDI.
                      I couldn't give two fornicators! Yes, really!

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