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Contract Termination

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    Contract Termination

    I had my contract terminated this morning. When I was going to bed Sunday night, I got a text message from the agency. It said to call him in the morning before I left home because there was a problem with the client.

    When I called, he told me that he was contacted friday night, and I am not wanted on site any more. I got along with everyone on site, but apparently I was a disruptive influence to the team. Three reasons where given.

    1. They Say: After 2 weeks, a project which should have taken 2 days to complete was not complete. They say there was no sign of it being completed.
    I Say: I spent the first week getting a messed up PC to work with my development environment. Another half of the second week was wasted because project references kept stopping the project from compiling. I was finally able to get the changes deployed to UAT on Friday only to find that references on the UAT environment where different again.

    2. They Say: I told staff that they must be crazy for working such long hours.
    I Say: I never said that. In a few conversations I found out that some staff work 7:30 am - 6:30pm with only a 30 minute lunch break. I worked 9-6 and said that I could not keep those sort of hours up forever. I might have said I dont know how some of them manage to do it. Many of the permanent workers complained that the company will take what they can get and then demand more.

    3. They Said: I was overheard on the phone to an agent saying I was in a contract but desperate to get out.
    I Say: I took a few calls from agents away from my desk. I never said I was desperate to get out. I told a few that I could not keep up the long hours or 2 1/2 hours driving I had to do and would be open to other opportunities. I also said to every agent that while I didnt like the long hours, I liked the work and people.

    Here is what is stated in my contract...
    7. TERMINATION
    7.1 The Company may by notice in writing terminate this Agreement with immediate effect if:
    7.1.1 the Consultant and or the Representative is in breach of any of the terms of this Agreement which in the case of a breach capable of remedy is not remedied by the Consultant or the Representative within 7 days of receipt by the Consultant of a notice from the Company specifying the breach and requiring its remedy; or
    7.1.2 the Representative be incompetent, commit any act of gross misconduct and/or neglect or omit to perform the Services or any of their duties or obligations under this Agreement; or
    7.1.3 the Representative fails or refuses after written warning to carry out the Services or the duties reasonably and properly required of them.
    7.2 Either party may terminate this Agreement by giving to the other one week’s written notice at any time.


    I was never given written notice, and the company is now claiming that they do not have to pay me for the next week. I say that they can end the contract at any time but I must be paid for the next 5 working days. I have offered to go in this weeek and finish any work in the most professional manner possible.

    Anyone know where I might stand?

    #2
    welcome to the club, I started this thread last week have a look

    http://forums.contractoruk.com/thread13886.html

    Comment


      #3
      If it were me, I'd leave it and concentrate on getting the next contract.
      First Law of Contracting: Only the strong survive

      Comment


        #4
        Lesson for the fture - Perception is Reality.

        If you were working for me and I expected a job done in two days, that's what I want delivered. Problems with the PC are not my concern unless you make them so and I can adjust my expectations accordingly. Otherwise I don't give a sh*t what troubles you're having, you're paid to deliver. End of discussion.

        Basically if they don't want you they don't want you. Don't get worked up about it, don't drag on the fight, give up and start again. It's what we do. And never ever discuss working practices with the client or his staff - if you're ahead of the game you might get away with it, but you weren't.

        Walk away and learn.
        Blog? What blog...?

        Comment


          #5
          Originally posted by malvolio
          Lesson for the fture - Perception is Reality.

          If you were working for me and I expected a job done in two days, that's what I want delivered. Problems with the PC are not my concern unless you make them so and I can adjust my expectations accordingly. Otherwise I don't give a sh*t what troubles you're having, you're paid to deliver. End of discussion.
          Thanks for the reply. I think this is an easy thing to say, but when I estimated I said 1/2 day for development and a week for testing. I was basing this estimate on starting from an application which compiled and ran. This was not the case. I was given a PC which didnt work, and took a permie a few days to configure. Also the application that I was modifying didnt work; there where untested (and unworking) defects in there which I was not told about.

          During testing I found other areas that didnt work which I rose to the team leader, and was told to ignore them as although it effectively nullified my tests, it wasnt directly testing my code.

          Ultimatly, I dont care if they dont want me. I wasnt overly thrilled with the hours involved myself. However, if I wanted to leave (and I was considering it) I would have given them 7 days notice as per the contract. I think they should have stuck by that, or at least paid me for 7 days. Nothing I did falls under conditions allowing for immediate termination.

          Comment


            #6
            Originally posted by malvolio

            Basically if they don't want you they don't want you. Don't get worked up about it, don't drag on the fight, give up and start again.
            Walk away and learn.
            very good advice there, concentrate your effort in getting your next contract.

            Comment


              #7
              I am clearly doing everything wrong, why can't I get terminated?? Then I could get out of this boring tulipe and go back to living on the wife's earnings with a clear conscience. She only wants me to keep on working so she can waste it on crap like a new kitchen, and bathroom etc.
              bloggoth

              If everything isn't black and white, I say, 'Why the hell not?'
              John Wayne (My guru, not to be confused with my beloved prophet Jeremy Clarkson)

              Comment


                #8
                Originally posted by xoggoth
                I am clearly doing everything wrong, why can't I get terminated?? Then I could get out of this boring tulipe and go back to living on the wife's earnings with a clear conscience. She only wants me to keep on working so she can waste it on crap like a new kitchen, and bathroom etc.
                hehehe - xoggoth I do remember you when you were on the bench, you used to write these loooooong stories which you shared with us every day. Perhaps your personality does have something to do with it, you must be a very likable person. What's your secret?

                Comment


                  #9
                  Originally posted by malvolio
                  Lesson for the fture - Perception is Reality.

                  If you were working for me and I expected a job done in two days, that's what I want delivered. Problems with the PC are not my concern unless you make them so and I can adjust my expectations accordingly. Otherwise I don't give a sh*t what troubles you're having, you're paid to deliver. End of discussion.
                  That's a bit harsh isn't it.

                  If the Sys Admin department deliver a tulipe PC to a new starter (which IME happens about 101% of the time), why is it the newbies fault?

                  tim

                  Comment


                    #10
                    Originally posted by tim123
                    That's a bit harsh isn't it.

                    If the Sys Admin department deliver a tulipe PC to a new starter (which IME happens about 101% of the time), why is it the newbies fault?

                    tim
                    I don't think malvolio's saying it's the newbie's fault that the pc wasn't working, but it is his fault that he didn't adjust the client's expectations of delivery date.

                    Incidentally (to the OP), what were you doing for the week that the pc wasn't working? Surely not sitting around billing the client for downtime?

                    Comment

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