Tied In??

[Muggers]

if the role you are doing is substantially different to the one you agreed to provide services for (and you could clearly demonstrate this to a thicko (i.e. judge who will pretend to be thick)) then I reckon you have decent grounds to walk.

Ask them why they recruited you to peform "X" and now expect you to perform "Y"

Using the plumbers analogy if I asked my local plumber to quote for a bathroom replacement and then when he started the job gave him hassle about my faulty roof then he would tell me to f'off and/or walk off the job.

In my case, the role I am doing is as it was decribed in the pre-sales discussion (notice I dont use the term interview !!) - so it was my own stupid fault for taking the role and even more stupidly not insisting on a reciprocal notice period.

But, I am a professional, I made a commitment to deliver some services and that is what I will do.

Completely agree... as I said, I'm going to keep a diary of all the numpty/junior tasks I do on a daily/weekly basis for the next month or two and compile a report showing the glaring differences between what I'm supposed to be doing and what's actually happening...

Other than that... yeah.... sexually assault ....the first person who gets in my way at that particular time!!

[Phoenix]

Please Muggers!
Make this old boy very very happy
I wanna know .....you willl "relieve yourself in a gentlemans way!!

[Muggers]

Please Muggers!
Make this old boy very very happy
I wanna know .....you willl "relieve yourself in a gentlemans way!!

There aint no 'gentlemen' here.....

[thunderlizard]

Put a case to the client for them to exercise their right of termination (you're not enjoying it, they could replace you with somebody cheaper, you've got blue photos of them etc.)

[Not So Wise]

Just go to the client and tell them you want out. Unless they are total idiots they will let you go because keeping someone there who wants out is pretty stupid due to...

"woops you really needed those files i drunkenly deleted?"
"I smell? Must be because i have not had a bath for a week?"
"Does not matter if he was the biggest client, guy was a ***** and deserved to be told so"
"I was just walking past the server after getting a coffee from the vending machine and really did not see the wire i tripped on...sure hope you had back up's"

[Lucifer Box]

NSW speaks sense. No sane client will force someone who doesn't want to be there to keep going to the bitter end. It's too risky.

Of course, you will probably have to manage without a reference from the client in future, so be sure you can.

[Harrysp]

How about feigning an illness......................

[Muggers]

Just go to the client and tell them you want out. Unless they are total idiots they will let you go because keeping someone there who wants out is pretty stupid due to...

"woops you really needed those files i drunkenly deleted?"
"I smell? Must be because i have not had a bath for a week?"
"Does not matter if he was the biggest client, guy was a ***** and deserved to be told so"
"I was just walking past the server after getting a coffee from the vending machine and really did not see the wire i tripped on...sure hope you had back up's"

VERY true.... Perfect example of the hell I'm in - just completed a full analysis of all faults in the last year to demonstrate where the main faults are and where we should be concentrating effort: Pareto effect.... got told to hand it over... "don't want people who are too enthusiastic" .....errr????

[ASB]

Completely agree... as I said, I'm going to keep a diary of all the numpty/junior tasks I do on a daily/weekly basis for the next month or two and compile a report showing the glaring differences between what I'm supposed to be doing and what's actually happening...

Other than that... yeah.... sexually assault ....the first person who gets in my way at that particular time!!

Infortunately that is unlikely to work, there are 2 reasons why this strategy is flawed.

1) By doing the task (assuming they are outwith the contract) then you are probably accepting the variance. Thus the terms changes - simply doing something different to actual terms can make it an implied term.

2) The contract probably contains (but might not) "comply with all legal requests" type clause. i.e. yes we have contracted you as a rocket scientist but just at the mo wer're short of a cleaner so jump to it. More often these sort of clauses will contain the word "reasonable" so this might be a negotiating point.

Even if the client is in breach of the contract - e.g. not giving you work as defined in it - then this does not give you the right to terminate (save what is in the contract).

You need to negotiate, but if the client does not want to see your POV then you could be struggling.

[Dundeegeorge]

Is that true?

Even if the client is in breach of the contract - e.g. not giving you work as defined in it - then this does not give you the right to terminate (save what is in the contract).

If they are in breach of the contract, how then is the contract enforceable?