Reply to: Contract Termination

[MrMarkyMark]

Anybody can be good

Maybe there's hope for you, then

[Cirrus]

Cause it doesn't surprise us.

Anybody can be good

I've been sacked more times than you've had Deep Fried Black Pudding and Mars Bar Fritters for your Sunday Dinner

[WTFH]

My contract was recently renewed (23/02/2016) for a further 2 months, and subsequently 2 days later terminated.

I am curious as I am owed over 1 months salary as it stands

OK, today is 29/02/16, 4 days after the last day you worked for the client.


Can you tell me how come you are owed for one month?
Can you tell me why it was terminated?

[northernladuk]

Errrm, doesn't this concern you, at all

Cause it doesn't surprise us.

[MrMarkyMark]

It may be the same answer but that doesn't make it gospel. In my experience you may get the full period of your notice or possibly some token shorter period. I've had my contracts terminated - often because they are unhappy with me - and I've never had a no timesheet/no pay situation so I would always assume I was getting something and act in that fashion although contractually there is no obligation.

Errrm, doesn't this concern you, at all

[Cirrus]

It's advice you are looking for and you didn't read or understood what I put.

Your contract will state no pay without a signed timesheet. You have no time sheet, you don't get paid. It's written in your contract. You don't need anyone legal to break that down for you.

This question is asked endlessly on here and it's always the same answers.....

It may be the same answer but that doesn't make it gospel. In my experience you may get the full period of your notice or possibly some token shorter period. I've had my contracts terminated - often because they are unhappy with me - and I've never had a no timesheet/no pay situation so I would always assume I was getting something and act in that fashion although contractually there is no obligation.

[ASB]

I am with AMS and have a generic AMS contract.

Did you need to pursue via MCOL/courts, or did they simply agree and pay PILON?

I am curious as I am owed over 1 months salary as it stands

It was in 2004. It took a bit of a nudge from my solicitors and an lba. I know that the cllient paid.

[VillageContractor]

Just to clarify where do we stand if we are unable to complete/sign a final time sheet? Bad form from the client and would assume this would be enforceable through the courts, just a lot of hassle.

To OP you'll unlikely get any money for work not done.

[SueEllen]

Then I suggest that ask in a solicitor's forum, opinions are all you'll get here.

And opinions are all you are going to get there even if one of them reads your entire contract.

If you want a definitive answer you need to go to court.

[northernladuk]

I am curious as I am owed over 1 months salary as it stands

You don't get paid a salary.

If you are going to fight the contractual terms at least understand the basics before you try. If they get a sniff you don't know what you are doing you won't have a chance.

[Smokey01]

Another case where a contractor has done the right thing. Behaved morally. But will probably have to go through a huge fight to get what is in their contract. And that fight will. E costly.

Prof yet again that contractors should look after number one.

I wish the OP luck in picking up a new gig.

Thank you.

[BrilloPad]

Another case where a contractor has done the right thing. Behaved morally. But will probably have to go through a huge fight to get what is in their contract. And that fight will. E costly.

Prof yet again that contractors should look after number one.

I wish the OP luck in picking up a new gig.

[cojak]

Surely the contract is legally binding, in which case the notice period stands?

Otherwise what is the point in the contract?

What I am seeking is legal advise rather than opinions.

Thanks.

Then I suggest that ask in a solicitor's forum, opinions are all you'll get here.

[Smokey01]

You cannot know that. It may or may not.

in my experience contract will say "no payment tor work without timesheet".

The question is whether that precludes payment for a notice period one is not allowed to work. This is a very different thing.

There are a number of people (self included) who have done other than simply roll over and have persued their contractual rights. In my case I did it under the generic Alexander Mann contract.

I am with AMS and have a generic AMS contract.

Did you need to pursue via MCOL/courts, or did they simply agree and pay PILON?

I am curious as I am owed over 1 months salary as it stands

[SueEllen]

When does the notice period legally begin?

What am I legally entitled to re pay?

My contract states 1 weeks notice, so beginning when as I haven't been formally advised yet.

Thanks.

Read your contract and look for all the termination clauses in it not just the one you like.

Now did you breach any of those clauses?
If you did then you don't get paid notice and are lucky they haven't come after you for a refund of the money they have already paid your company.

If there is a clause stating they will terminate immediately if the project gets dropped then you won't necessarily get notice.

The only way to find out is to talk to the client manager. If the client manager refuses to engage with you then you get paid sod all and there is no point chasing it further.