Advise on ending contract "early" Serious answers only please.

[Tasslehoff]

The funding for my current contract was pulled and all contractors on the project were told they where surplus to requirements. I know that my agent was contacted asking for me to be let go the same day if possible.

90% were on 1 weeks notice some were on 1 days notice. I was on a longer contract and therefore had a month.

However I was told both face to face and via email that if I found a contract I could leave immediately.

I found a contract and they would like me to start immeidatly. My current contract have now informed me that they need me to the end of the month due to them arranging support with the client till that time.

I have managed to negotiate with my new contract a later start date (pushing it about 10 days out) but I fear pushing it any further with make them look elsewhere.

In my contract it does indeed state 30 days notice on either side but as above I was told I could leave immediately.

What are my options if any? What is likely to happen if I walk?

I am currently trying the amicable route and speaking to all parties involved to reach a happy medium but I just wanted to understand the risks if it gets ugly.

[mudskipper]

The funding for my current contract was pulled and all contractors on the project were told they where surplus to requirements. I know that my agent was contacted asking for me to be let go the same day if possible.

90% were on 1 weeks notice some were on 1 days notice. I was on a longer contract and therefore had a month.

However I was told both face to face and via email that if I found a contract I could leave immediately.

I found a contract and they would like me to start immeidatly. My current contract have now informed me that they need me to the end of the month due to them arranging support with the client till that time.

I have managed to negotiate with my new contract a later start date (pushing it about 10 days out) but I fear pushing it any further with make them look elsewhere.

In my contract it does indeed state 30 days notice on either side but as above I was told I could leave immediately.

What are my options if any? What is likely to happen if I walk?

I am currently trying the amicable route and speaking to all parties involved to reach a happy medium but I just wanted to understand the risks if it gets ugly.

I think if you have an email, that effectively becomes part of the contract. But is the email from the agent, as that's who your contract is with?

[evilagent]

Which choice gives you the most invoiceable days?

A few remaining days with current clientco, or many, many months with new clientco?

It's good to be a nice guy, but not if you're looking at missing out on a lot of money?
Is current clientco the sort to take you back in years to come? (on good terms?)

If not, your current gig is finite, either way.
Your new gig is potentially worth more.

Ultimately, your call.

[SueEllen]

However I was told both face to face and via email that if I found a contract I could leave immediately.

Who sent the email agency or client?

If client sent the email and you agree with it then get client to email the agent.

Also if your contract has a clause in it stating they don't have to offer you work and you don't have to take it, then turn down their offer of additional work. Alternatively you can offer them a reasonable qualified substitute - which they are likely to turn down.

[Tasslehoff]

I think if you have an email, that effectively becomes part of the contract. But is the email from the agent, as that's who your contract is with?

No from my ClientCo

[Tasslehoff]

Which choice gives you the most invoiceable days?

A few remaining days with current clientco, or many, many months with new clientco?

It's good to be a nice guy, but not if you're looking at missing out on a lot of money?
Is current clientco the sort to take you back in years to come? (on good terms?)

If not, your current gig is finite, either way.
Your new gig is potentially worth more.

Ultimately, your call.

My feelings exactly, I guess I am just asking what happens if I walk. I could have started tomorrow (on Monday) but I am trying to do the "right thing". Sad thing is my new contract is on a much better day rate so I am losing that way as well.

[Tasslehoff]

Who sent the email agency or client?

If client sent the email and you agree with it then get client to email the agent.

Also if your contract has a clause in it stating they don't have to offer you work and you don't have to take it, then turn down their offer of additional work. Alternatively you can offer them a reasonable qualified substitute - which they are likely to turn down.

Thanks good advice. I will double check my contract now.

[CheeseSlice]

The funding for my current contract was pulled and all contractors on the project were told they where surplus to requirements. I know that my agent was contacted asking for me to be let go the same day if possible.

90% were on 1 weeks notice some were on 1 days notice. I was on a longer contract and therefore had a month.

However I was told both face to face and via email that if I found a contract I could leave immediately.

I found a contract and they would like me to start immeidatly. My current contract have now informed me that they need me to the end of the month due to them arranging support with the client till that time.

I have managed to negotiate with my new contract a later start date (pushing it about 10 days out) but I fear pushing it any further with make them look elsewhere.

In my contract it does indeed state 30 days notice on either side but as above I was told I could leave immediately.

What are my options if any? What is likely to happen if I walk?

I am currently trying the amicable route and speaking to all parties involved to reach a happy medium but I just wanted to understand the risks if it gets ugly.

This is an unfortunate situation, but it sounds like things haven't started to get too hairy yet. If this were me I would push for the 10 day arrangement, as that would be reasonable considering what had previously been agreed by the client/agent.

I was in a similar situation once. Clientco was busy outsourcing everything, I found new contract, asked if I could leave early and this was granted. Then in my last week on site my agent and clientco had decided against me and reversed their position with a threat of legal claims for damage if I didn't complete my contract.

This was a truly horrible situation and I sought legal advice and had my contract and email correspondence reviewed by a legal firm. In my case as a new contractor I had signed my contract between LTD and Agent, plus another in my own name personally guaranteeing my work to the agent. If I had simply signed the LTD co/Agent contract I was advised I would have been able to argue the agent was caught by a legal definition called 'estoppel' which prevents them from changing their position after previously allowing you to do something. Unfortunately I had also signed the personal contract which would have allowed another route for them to claim damages against me.

Thankfully I was able to settle for a 1 week delay on my new contract. That one week was all that was left on the contract I was trying to leave, but it didn't stop them from throwing toys out of the pram and coming down hard on a contractor.

Your already trying to settle on something that everybody is happy with and that is a good plan. If current clientco/agent don't budge then depending on your contract wording, the email records you've kept and who said what to who and when, this could be complex. Good legal advice isn't cheap, but then it may be worth it if your new contract is important to you.

[CheeseSlice]

Also if your contract has a clause in it stating they don't have to offer you work and you don't have to take it, then turn down their offer of additional work. Alternatively you can offer them a reasonable qualified substitute - which they are likely to turn down.

This is a very good point, if the work is different and additional to what was in your original contract schedule then I can't see how you could be forced to take it.

[mudskipper]

And is it the client or the agent that is saying you must work your month's notice?

The agent may be pushing it, as they don't get paid if you don't work.