Originally posted by LondonManc
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Previously on "Verbal contract extension - Does it hold?"
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When one side has the money and the other side does not, there’s usually an imbalance of power. The agent knows this and always sides with the client.
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Originally posted by northernladuk View PostThere is that but.... in theory there is a good chance this would come back and bite you if it went legal. Once in a contract there are certain obligations to do the work if it's offered with pay. Being off and terminating contract while you are off is a pretty thinly veiled excuse to get out of the contact, usually meaning the client loses out. The courts love siding with parties that lose out so you'll be on a wish and a prayer defending that one, particularly if you've started the new gig in the period you were still in contract or, or very soon after.
But that's just theory... Question is.. Do you feel lucky punk?
1. Tell them you're unavailable for the next 30 days
2. Give 30 days notice
3. Insist on sending in a Sub for the notice period
4. Graciously agree to call it quits when they try to stop you sending a Sub.
It's not how I do business, but contractually, I reckon you'd get away with it. Does anyone really lose in court in these circumstances?
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Originally posted by SimonMac View PostYou make it sounds as if MOO is only one way, I know it’s opening a world of hurt if you do this to a client, but technically there’s nothing stopping you refusing to take on more work even if midway through a contract. Or doing a NWP2C if you will
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Originally posted by northernladuk View PostThere is that but.... in theory there is a good chance this would come back and bite you if it went legal. Once in a contract there are certain obligations to do the work if it's offered with pay. Being off and terminating contract while you are off is a pretty thinly veiled excuse to get out of the contact, usually meaning the client loses out. The courts love siding with parties that lose out so you'll be on a wish and a prayer defending that one, particularly if you've started the new gig in the period you were still in contract or, or very soon after.
But that's just theory... Question is.. Do you feel lucky punk?
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Originally posted by Old Greg View PostOr you tell the client you are not available for the next x days and give notice to terminate the contract.
But that's just theory... Question is.. Do you feel lucky punk?
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Originally posted by Catafracta View PostDoes this mean that the contractor can also stop the assignment from one day to another, and step out of the contract with no notice at all?Originally posted by NotAllThere View PostNo. They can give you three months notice of contract termination, but say - we're not giving you any more work. You have to work out your notice.
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Originally posted by Catafracta View PostDoes this mean that the contractor can also stop the assignment from one day to another, and step out of the contract with no notice at all?
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Originally posted by Catafracta View PostDoes this mean that the contractor can also stop the assignment from one day to another, and step out of the contract with no notice at all?
No work = no pay and the contract then naturally expires on the date it says. You won't get paid another penny during the duration of the contract....so from the contractors perspective the contract has ended when it hasn't really. A contractor just not coming in is clear breach.
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Originally posted by LondonManc View PostNotice period/severance clause is a precise thing laid out in a contract.
Do not confuse notice period with an obligation to pay you anything. Most larger places will have you work your notice but smaller places typically make up some excuse to get you offsite (typically you'll get 10-15 minutes to complete your timesheets and clear you desk). Not a hard and fast rule but their the most common. If you're reporting in to the CEO or equivalent then your most likely in the second category. Suck it up and move on; I'd imagine it's happened to a significant percentage of long term contractors at some point.
FTFY, too tempting.
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Notice period/severance clause is a precise thing laid out in a contract.
Do not confuse notice period with an obligation to pay you anything. Most larger places will have you work your notice but smaller places typically make up some excuse to get you offsite (typically you'll get 10-15 minutes to complete your timesheets and clear you desk). Not a hard and fast rule but their the most common. If you're reporting in to the CEO or equivalent then your most likely in the second category. Suck it up and move on; I'd imagine it's happened to a significant percentage of long term contractors at some point.
Originally posted by northernladuk View PostBut Mark.... that's NOT the droids he was looking for....
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ignoring the mockery from the rest, there are some important lessons here for you
1. anything to do with your contract (rate/terms/extensions), you have to get it in writing, never presume verbal will be ok or that a good relationship with the client means you don't need to formalise it, you do, every time
2. don't work without a written contract that has been signed. Again while you might have a good relationship with the client and you worked that first week of the extension, you now have no legal standing as you shouldn't have been there. It sounds risky to annoy the client by simply saying "i'm not turning up tomorrow" but sometimes that's the quickest way to get them to sort it out
you can try and get paid for the days worked, but I'd be surprised if you got anything for the "notice period", as others have said, you only get paid for time worked
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Originally posted by SlipTheJab View PostAnd its not very constructive either
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Originally posted by northernladuk View PostBut Mark.... that's NOT the answer he was looking for....
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Originally posted by nc11 View PostThanks for your comments - looks like you've all agreed that I have a strong case, and should take it all the way. Exactly what I wanted to read..
Seriously though - agreed about t&m, or lack of, however I have worked a few days within the new contract and can justify some more with various materials (docs, plans, etc). I don't think I *need* to but I can if required.
I'm also well aware of the relationship challenge in terms of agency\client. Would have to thread carefully and try to get a compromise as suggested. Furthermore, as the new verbal contract went into effect when the new term started, I think there's a possibility that the notice becomes valid.
This is not how I wanted the contract to end, and as such think that I should pursue an amicable agreement, but am ready to move on if it doesn't.
And lastly @slipthejab - a small piece of advice *free of charge*... If you've got nothing constructive to add, move on. no need for personal mockery.
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