Termination of Contract

[MarillionFan]

The agent has stated that as far as they are concerned this is finished and that if I want to prove otherwise I have to show agreement for the day off.

The fact that at least one has lied and three others have kept quiet really galls. The money is no longer the matter. Its the principle and I am now seriously thinking of hitting them with a solicitor.

[AtW]

Sue them - it is one thing for people to keep quiet because they don't want to endanger their position at the work place, but its another matter to lie in court - that would be obstruction of justice and not everybody would lie there when it does not come to their own defense.

[Denny]

The agent has stated that as far as they are concerned this is finished and that if I want to prove otherwise I have to show agreement for the day off.

The fact that at least one has lied and three others have kept quiet really galls. The money is no longer the matter. Its the principle and I am now seriously thinking of hitting them with a solicitor.

Go for it. Contractors need to fight back about this kind of thing. Keeping quiet will only exacerbate the problem for you and for the rest of us. The cost will be small compared with the satisfaction of fighting back. I doubt that the company will prolong the fight if they really don't have a cast iron case and will probably pay up. If your solicitor says that is not the case because of your contract termination clauses, then the cost of around £200 max to study the contract (if any if there is a free initial consultation that results in a quick diagnosis of a 'no case' ) will not be exorbitant to gain peace of mind.

Next time you take up a contract make sure that your termination clauses are altered to ensure that 'definitive proof' is required before termination without notice is used. Otherwise any old lies will suffice. Most agency solicitors have wised up to this kind of problem and deliberately ensure that the termination without notice clauses do not embrace a 'reasonableness' criterion. Effectively that just means that any old excuse will suffice whether there is evidence or not and that the truth doesn't really matter only the word of your line manager. The upshot of that is that notice periods of purely voluntary and a good will gesture from the client but you could be sued for breach of contract if you walked off the job. That isn't fair and it's temping through the back door (as you know, temps don't have notice periods either).

[DodgyAgent]

Go for it. Contractors need to fight back about this kind of thing. Keeping quiet will only exacerbate the problem for you and for the rest of us. The cost will be small compared with the satisfaction of fighting back. I doubt that the company will prolong the fight if they really don't have a cast iron case and will probably pay up. If your solicitor says that is not the case because of your contract termination clauses, then the cost of around £200 max to study the contract (if any if there is a free initial consultation that results in a quick diagnosis of a 'no case' ) will not be exorbitant to gain peace of mind.

Next time you take up a contract make sure that your termination clauses are altered to ensure that 'definitive proof' is required before termination without notice is used. Otherwise any old lies will suffice. Most agency solicitors have wised up to this kind of problem and deliberately ensure that the termination without notice clauses do not embrace a 'reasonableness' criterion. Effectively that just means that any old excuse will suffice whether there is evidence or not and that the truth doesn't really matter only the word of your line manager. The upshot of that is that notice periods of purely voluntary and a good will gesture from the client but you could be sued for breach of contract if you walked off the job. That isn't fair and it's temping through the back door (as you know, temps don't have notice periods either).

Get a life Denny

[tim123]

I'm inclined to think that in this case Dodgy is right.

It's not the Agent's fault here, but they are the people that MF will have to sue as they are the people that he has a contract with.

Can't see any overall benefit to the world in his doing this. It might personally gain him a few hundred, but he isn't that short, is he?

Tim

[Denny]

I'm inclined to think that in this case Dodgy is right.

It's not the Agent's fault here, but they are the people that MF will have to sue as they are the people that he has a contract with.

Can't see any overall benefit to the world in his doing this. It might personally gain him a few hundred, but he isn't that short, is he?

Tim

That's not the point.

Why should clients and agencies get away with ripping off contractors. If we keep this 'passive act' up we're all be contracting for nothing in years to come. We're not there for your benefit, we're there for yours. Remember that!

[Denny]

Get a life Denny

You're not called DODGY agent for nothing are you!

[MarillionFan]

"It might personally gain him a few hundred, but he isn't that short, is he?"

No stuff the money. My pride is hurt. Its all I have left now the missus has stripped away everything else.

Anyway, they terminated me on the same day I had off, before even speaking to me. Plus, someone I recommended - they've hired!!!!!!!!!

Anyway passed the stuff on to a solicitor. £50+ Vat to have a look. So piece of mind. Thanks Perl.

And your right. Its the agent I will go after.

[NoddY]

"It might personally gain him a few hundred, but he isn't that short, is he?"

No stuff the money. My pride is hurt. Its all I have left now the missus has stripped away everything else.

Anyway, they terminated me on the same day I had off, before even speaking to me. Plus, someone I recommended - they've hired!!!!!!!!!

Anyway passed the stuff on to a solicitor. £50+ Vat to have a look. So piece of mind. Thanks Perl.

And your right. Its the agent I will go after.

Why don't you give this two or three weeks to reflect rather than taking action in the heat of the moment?

[MarillionFan]

Reflect on what exactly. The solicitor is looking at my contract and the subsequent emails discussing it to decide if I have been unfairly treated or the agency has terminated me incorrectly.

From the clients aspect, they wont care either way.

It may well be that all that is hurt is my pride. This sent me into a pit of a depression and the beginning of the week. I take great pride in my work - when I contract (sadly) - I am my work - but at the same time I do chat to people in the office, check my mail. But I certainly dont just swan off without telling someone.

I need an impartial legal look at the situation. I personally reckon that he will state that I have been treated unfairly and probably illegally, but proving it will be difficult and I will be throwing good money after bad.

But I want to know.