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Help, contract terminated for 'unprofessional conduct'

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    Help, contract terminated for 'unprofessional conduct'

    Hi,

    I got a bit of bad news on Monday, my contract was being terminated on the grounds of 'unprofessional conduct'. This was given to me verbally by the agency and they followed up with a standard letter of termination.

    The issue lies with notice period, my contract states...

    9. Blah Blah Ltd may at any time during the Assignment period instruct the Contractor to withdraw the Services, whereupon the Contractor shall leave the Client’s premises forthwith and the Assignment shall be deemed to be terminated. Without prejudice to other provisions of this condition, Blah Blah Ltd shall endeavour to give to the Contractor a four week period of notice. It is accepted that Blah Blah Ltd has no requirement to endeavour to give notice where Termination is because of gross misconduct, negligence or other unprofessional conduct or behaviour.
    Originally they stated no notice due to 'unprofessional conduct' so I asked for evidence of this but they refuse to supply it.

    Also I looked through my emails and found this....


    Random agency person to me

    14-Feb

    Hi *****
    Nice to speak to you today
    As mentioned I am following through with rate increase request
    I have spoken to the blah blah account manager and your notice period is 4 weeks - Obviously we hope this doesn't need to be used

    I'll speak to you soon

    Many thanks

    Random agency person
    So the question is, do they have to provide evidence of 'unprofessional conduct' or can they jus get away without it?

    Yesterday they have offered me 2 weeks notice (in writing) so I'm confused over what to do... Should I force the 4 week issue or should I just take the 2 weeks. However they will not budge on the 'unprofessional conduct' at all, but wont put it in writing or provide any evidence of it.

    Any advice?

    #2
    Originally posted by abaxas
    Hi,

    I got a bit of bad news on Monday, my contract was being terminated on the grounds of 'unprofessional conduct'. This was given to me verbally by the agency and they followed up with a standard letter of termination.

    The issue lies with notice period, my contract states...



    Originally they stated no notice due to 'unprofessional conduct' so I asked for evidence of this but they refuse to supply it.

    Also I looked through my emails and found this....




    So the question is, do they have to provide evidence of 'unprofessional conduct' or can they jus get away without it?

    Yesterday they have offered me 2 weeks notice (in writing) so I'm confused over what to do... Should I force the 4 week issue or should I just take the 2 weeks. However they will not budge on the 'unprofessional conduct' at all, but wont put it in writing or provide any evidence of it.

    Any advice?
    Ok be brutally honest with yourself, was there any unprofessional conduct? They must be some basis for it? Usually when I get this kind of hassle I take the easy option i.e take the 2 weeks and leave. Maybe push them for the 4 weeks. I guess it depends on how you feel about being labelled unprofessional. If there is some truth to it, take it on the chin, do the 2 weeks and then find some other gig.

    Comment


      #3
      Originally posted by abaxas
      Hi,

      I got a bit of bad news on Monday, my contract was being terminated on the grounds of 'unprofessional conduct'. This was given to me verbally by the agency and they followed up with a standard letter of termination.

      The issue lies with notice period, my contract states...



      Originally they stated no notice due to 'unprofessional conduct' so I asked for evidence of this but they refuse to supply it.

      Also I looked through my emails and found this....




      So the question is, do they have to provide evidence of 'unprofessional conduct' or can they jus get away without it?

      Yesterday they have offered me 2 weeks notice (in writing) so I'm confused over what to do... Should I force the 4 week issue or should I just take the 2 weeks. However they will not budge on the 'unprofessional conduct' at all, but wont put it in writing or provide any evidence of it.

      Any advice?


      If you have permie status, worth asking for evidence.

      If your outside IR35, walk away and make sure you're paid for the work you've done. Situations like this happen simply because your face might not fit. Goes with the territory.

      Comment


        #4
        Shame, but it does happen from time to time. For some people it happens more than others. Oh, hi MF.
        Rule #76: No excuses. Play like a champion.

        Comment


          #5
          try to negotiate for 3 weeks?

          if they push the issue - is it worth going to court over 2 weeks money?

          Comment


            #6
            My completely inexpert 2p worth:

            Say they are just not going to pay you. Are you prepared to threaten/take legal action? Can't see how else you're going to extract the money. I doubt I'd bother. If you're on site today, take yourself out for a fantastic lunch to cheer yourself up, and then spend the next 2 weeks looking for new contracts on their time.

            Comment


              #7
              If whatever you did (!?) warrants you getting kicked out I'd take the 2 weeks and run. If you haven't done anything wrong and want to make it clear there has been no 'unprofessional conduct' then I'd fight them. If you are the type who can just shrug your shoulders and move on then the sensible and easy approach is take the 2 weeks regardless. There are ways around reference issues if you are worried about that.

              Comment


                #8
                Originally posted by Xenophon
                Shame, but it does happen from time to time. For some people it happens more than others. Oh, hi MF.
                The pope is a tard.

                Comment


                  #9
                  Originally posted by Xenophon
                  Shame, but it does happen from time to time. For some people it happens more than others. Oh, hi MF.

                  Comment


                    #10
                    That's life buddy - just remember when you slip ... (and we all do) then take a deep breath then ...

                    1 Pick yourself up
                    2 Dust yourself Down
                    3 ... and start all over again

                    Ladies And Gentlemen - big round of applause for Mr Nat King Cole !!!


                    Nothing's impossible, I have found
                    For when my chin is on the ground.
                    I pick myself up,
                    Dust myself off
                    And start all over again.


                    Don't lose your confidence
                    If you slip
                    Be grateful for a pleasant trip
                    And pick yourself up,
                    Dust yourself off
                    And start all over again.


                    Work like a soul inspired
                    Till the battle of the day is won.
                    You may be sick and tired,
                    But you'll be a man, my son.


                    Will you remember the famous men
                    Who had to fall to rise again?
                    So take a deep breath...
                    Pick yourself up...
                    Dust yourself off
                    And start all over again.
                    Last edited by AlfredJPruffock; 18 May 2007, 10:31.

                    Comment

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