Reply to: Contract Terminated - Brand and Professional Skill Damage

[washed up contractor]

I guess there is a always a first! But, in the notice of termination email the manager has made a few unsubstantiated claims of my skills, professional attitude and deliverable. I am trying to protect myself when the end client sues these clowns, they don't come after me on the basis my services were terminated on the above ground.

The fact is their reasons to termination me are false, i was happy to go anyways. I just want a way of enforcing them to 'be honest' rather than make false accqusations.

It all depends how aggrieved you feel about these allegations. He has after all committed them to record via the email. If they are false and he's unable to substantiate them, then he has libelled \ slandered you. These arent just 'honest' opinions if they damage your professional reputation.

However, I think the onus is on you to prove the libel \ slander so you would have to prove his comments about your attitude and skills etc are incorrect.

You could respond to both him and his company that you are taking legal advice whether his comments in the email are libellous \ slander and invite him and his company to withdraw them but you could be opening a bigger can of worms.

As Ive said, it happens in the contract world. You either accept it and move on or take a stand. Most of us put it down to experience and move on.

[tarbera]

Top manager move, get rid of the tulip contractor and blame you for everything that's happened on the project, wether your fault or not, he has a get out of jail free card for months

[MrMarkyMark]

You can't.

You can only stir the pot and it's not advisable in 99% of cases. The 1% of cases where it is advisable doesn't help you at all but other people.

This unfortunately.

Had similar things banded about by a little twerp at an IB a few years ago.

It hadn't been really working out and even though he had no tech knowledge decided I was no good (he didn't listen to a number of his key tech staff either, who said completely the opposite).

The main issue is he didn't want to patch all the components of the system to the same level, too much of a risk he said (WTF), hence my work and others work was always getting corrupted!!!!

I refused another extension (after 3 earlier) and then left, giving more than the required notice.

A year went by and I was on a 2nd interview for the same client, central BI Team, he got wind of it and kyboshed me from getting a pretty much dead cert contract.
I know this for a fact as the agent told me.

I still see him around, ignoring he is there is the best (for me).

Although, I have a couple of times had to restrain myself from walking straight up to him and decking the horrible little chunt.

[SueEllen]

I guess there is a always a first! But, in the notice of termination email the manager has made a few unsubstantiated claims of my skills, professional attitude and deliverable. I am trying to protect myself when the end client sues these clowns, they don't come after me on the basis my services were terminated on the above ground.

The fact is their reasons to termination me are false, i was happy to go anyways. I just want a way of enforcing them to 'be honest' rather than make false accqusations.

You can't.

You can only stir the pot and it's not advisable in 99% of cases. The 1% of cases where it is advisable doesn't help you at all but other people.

[Swamp Thing]

You've got PI insurance haven't you?

But they won't so stop worrying.

WHS. We're micro-businesses. We're not big or ugly enough to cause an amount of harm to a client that would actually motivate them to sue you for damages. Really, their legal dept will be overworked an uninterested in pursuing you.

[northernladyuk]

I am LTD, suppling services to client 'A' (rather large organisation) who are on the hook for delivering a new system to the end client 'B' (other large organisation).

Does your Ltd have a handcuff / non-compete with A that stops it providing your services to B?

[northernladuk]

You've got PI insurance haven't you?

But they won't so stop worrying.

[Ranger2017]

You said your were direct. Can you explain all th parties: you, Ltd or umbrella, intermediaries, end client.

I am LTD, suppling services to client 'A' (rather large organisation) who are on the hook for delivering a new system to the end client 'B' (other large organisation).

[Ranger2017]

you had already terminated the contract, the client manager just trumped you to make themselves look even better within the organisation.

It happens, Im surprised you havent come across this previously in 8 years contracting.

I dont see there's any 'brand' harm here. Contractors often get canned for political reasons.

I guess there is a always a first! But, in the notice of termination email the manager has made a few unsubstantiated claims of my skills, professional attitude and deliverable. I am trying to protect myself when the end client sues these clowns, they don't come after me on the basis my services were terminated on the above ground.

The fact is their reasons to termination me are false, i was happy to go anyways. I just want a way of enforcing them to 'be honest' rather than make false accqusations.

[washed up contractor]

Hi All,

[Please be gentle I am new here]

I am really looking for some advise and guidance on how to move forward with this odd situation.

I have been with the client for 10 months. I was brought in directly and didn’t go though any agency and invoiced the client direct on a monthly basis.

A new manager started 2 weeks ago and is trying to play ‘saviour’ on a distressed project. I had a couple of animated meetings (to say the least) where we had a few professional differences, but I saw it as being work and nothing else. Unknown to the new manager I had already handed in my notice to the previous Manager and was working my notice period. However, yesterday I received a rather ominous email from the individual citing a few issues with the quality of my work, professionalism and skills to do the job, and for that reason they company is termination my contact within immediate effect.

Stating the obvious, this did come to me as a shock as at no stage during my 10 months was the quality of my work, effort, skills ever questioned or under any scrutiny. It was rather the opposite, where I have been ‘praised’ for my contribution and asked to take on more etc. Yesterday, the new individual insisted I had over everything yesterday before leaving for the day, which I did. However, I did gone back on the email asking them to evidence when was my work/deliverables below standard. I have had no response since!

I understand my contact is not an employment contact, but a contact to supply services – However, I do think the contract has been terminated without any substantial reason or evidence. I have been contacting for over 8 years and I see this as a bad reflection of my Company and my other clients.

Is there anything I can do? If Yes how do I go about it?

Thanks.

you had already terminated the contract, the client manager just trumped you to make themselves look even better within the organisation.

It happens, Im surprised you havent come across this previously in 8 years contracting.

I dont see there's any 'brand' harm here. Contractors often get canned for political reasons.

[d000hg]

Clearly he's direct to the company who are paying for his services, who are delivering a project for their (end) client?

[northernladyuk]

Thanks for the suggestion, I'll probably try it and see if anything comes out of it.

The key thing I am concerned about it that the end client will probably be withdrawing their contract from the client I am providing services to. I received an email form the end client this morning, saying they were surprised to hear of my sudden exit and they think I was the best person for the job. Putting all that aside, if the end client decides to drag my client through legal compensation etc , am I in the clear? or do i send something to them in writing that the grounds they have terminated is unfair and unsubstantiated.

You said your were direct. Can you explain all th parties: you, Ltd or umbrella, intermediaries, end client.

[TheFaQQer]

Thanks for the suggestion, I'll probably try it and see if anything comes out of it.

The key thing I am concerned about it that the end client will probably be withdrawing their contract from the client I am providing services to. I received an email form the end client this morning, saying they were surprised to hear of my sudden exit and they think I was the best person for the job. Putting all that aside, if the end client decides to drag my client through legal compensation etc , am I in the clear? or do i send something to them in writing that the grounds they have terminated is unfair and unsubstantiated.

You have a contract with the client, and gave notice properly (one presumes). The fact that the client brought that date closer and the end client is unhappy is nothing to do with you, it's between the two other businesses.

I would thank the end client for their kind thoughts and explain that you had hoped to continue the contract until you were due to leave. I wouldn't start mentioning things that don't need to be mentioned - they know you are good, they are pleased with your work, so they know the reality of the situation.

[northernladuk]

You do what The FaQQer says. Nothing more, nothing less.

[BlueSharp]

Thanks for the suggestion, I'll probably try it and see if anything comes out of it.

The key thing I am concerned about it that the end client will probably be withdrawing their contract from the client I am providing services to. I received an email form the end client this morning, saying they were surprised to hear of my sudden exit and they think I was the best person for the job. Putting all that aside, if the end client decides to drag my client through legal compensation etc , am I in the clear? or do i send something to them in writing that the grounds they have terminated is unfair and unsubstantiated.

Is there anything in your contract to stop you going direct? It maybe the client shares your opinion of the new manager.

End clients don't typically send emails like that unless there fishing...