Got The Sack

[hyperD]

zam

http://www.johnantell.co.uk/

Give john antell a ring. He specialises in these things. You can then choose whether to take it further. Say you were recommended off CUK. He sometimes posts here.

MF

Definitely a good idea to call Mr Antell. If someone is pulling a smart one, then you need to make sure you get your money or lay down the regulations.

And just think: when you handle this smartly, with the advice of a professional, just imagine how much confidence you'll have when you face your next contracting obstacle rather than admit defeat at the sight of a struggle?

[AtW]

Sounds like setup - it is likely they were within right to terminate contract at any time, however doing so under false reason of "gross misconduct" is certainly not legal: they certainly owe money for work done, and can't really ask to continue doing any more work.

IMO the biggest thing at stake here is potential damage of accepting the misconduct charge - by just leaving and taking money due you effectively will do so, if I was in such position I would take legal advice and insist on:

a) payment of all money due: this can be dealt with small claims fairly easily

b) written statement from the company that contract was terminated with mutual consent and they have no problems with the work you did.

If they refuse to do b) and insist on gross misconduct charge, then while you can't get the contract back (it is likely they can terminate it any time anyway), but this is really in defamation/slander area that can affect your future work and thus a very hefty claim can be put in front of them - you got new contract now, but this does not mean it won't get out sometime later, if you just let it as is now, then you will effectively agree they are right, so you need to deal with this accusation now and get it all down in writing from them that they had no problems with your work.

Not a lawyer and this is obviously not a legal advice - talk to legal people as suggested above.

[SandyDown]

This just makes me think, why is it that its OK for companies to do this to contractors (and sometimes employees) and some think its not OK for us to do the same? for example I am thinking of getting out of this contract, I don't like the commute to the midlands and people are not of the same calibre I am used to, I know this may sound arrogant, but I find it more dangerous to work with ignorant people that intelligent ones. So if I decide to leave in an honourable way and give proper notice, complete any outstanding work, why do some of you think quitting on a contract is not professional?

[MarillionFan]

"a) payment of all money due: this can be dealt with small claims fairly easily"

Tut same old, same old.

In your case it's not straightforward. Drop John a line.

[Spartacus]

Ah, the board's resident bigot is back

This just makes me think, why is it that its OK for companies to do this to contractors (and sometimes employees) and some think its not OK for us to do the same? for example I am thinking of getting out of this contract, I don't like the commute to the midlands and people are not of the same calibre I am used to, I know this may sound arrogant, but I find it more dangerous to work with ignorant people that intelligent ones. So if I decide to leave in an honourable way and give proper notice, complete any outstanding work, why do some of you think quitting on a contract is not professional?

Arrogant? You? Surely not?

[zamzummim]

Thanks Denny and all the rest of the advice.
I will invoice for the last two days as ususal, if the agency does not pay, then I will certainly take some legal advice, and also demand the 4 weeks notice.

Sandy, I agree with you, companies are screwing us all the time, I personally think that planning your way out of a contract is a good way to mitigate any risks of finding yourself in my position. I should have taken some measured steps when I saw the red warning lights and thought things smelled fishy, but wanted to be a so called true professional and stick by the contract, the only thing I got for my loyalty is to be screwed.

A friend of mine was a permie, worked at this company for two years, that's two years of programming work, at the end of the second year's review his new manager commented that there were some errors in the code he wrote. My friend didn't think much of it, lets face it having an error in the code is sort of part of the job, however, the next week he received formal warning that his work was not up to standard (as he didn't contents this at the review meeting, he was like a sitting duck) they gave him a 3 week period and was given tasks to perform to prove that he is improving, how could someone's code after two years of service suddenly become below standard, then suddenly improves in 3 weeks? Obviously they made up their mind to sack him, and they were going through the process. In my opinion there is no loyalty anymore, just look after your interest first and foremost.

[zamzummim]

It may sound corny but I think all the best people get screwed over at some time in their life. It's usually the pathetic inadequate control freaks that do the screwing.

At least that's what I tell myself.

Unfortunately in my friend's case this was a really damaging experience, his confidence was so low, he quit IT after that episode, works at a university (non IT work) get paid very little, but on the whole he is very happy with the career change, I tried to get him out onto other jobs I know he could do with his eyes closed, but he just didn't want to be around IT people any longer, lucky he doesn't have to support a family on his income.

[zamzummim]

Denny, and MF

Thank you very much for the above, and thank you for sharing your story with me, I know these things happen to most people sooner or later, although in my mind I know I haven't done anything wrong, its good to hear that others have faced a similar predicament (sound weird but hope you know what I mean i.e. am not the only one on the planet to get screwed !) bad news usually have a delayed effect on me, at the start am in disbelief and perhaps denial, then in a week or so it dawns on me, am hoping this will not put me into a low spirit / depression.

[wantacontract]

all the best zam.......

its tough to be down and having such a stressful time.....one thing that i found to help, was to ring up all my mates, and repeat my woes to them....and upon the 7/8th repeat...i felt much better!!

probably didn't make me very popular...but then this year was the first time that i felt so stressed that i needed to moan......

as churchill once said: "when going through hell, keep going."

[pisces]

I have already walked out, am at home at the moment, when they told me their condition I told them that I need to get home and think about it, I didn't want to say anything in anger. The agency and the clien are awaiting my decision. They claim that upsetting people is considered mis-conduct, and I wouldn't have a leg to stand on if I go legal, I don't really want to go legal, if I insist for them to pay me notice this means I'll have to work this notice, am not keen to do that.

Mate they are tossers. On one hand they want to sack you but only after you complete more work to suit them, WTF???

I agree with those who have told you to tell them where to go.

I'm no legal expert but regardless of conduct they are legaly bound to pay you for your time and work.

Don't let them get you under a barrel and stand your ground.