Action taken by agency on early termination

[Wanderer]

I have 3 months contract, 1 month is already gone and I want to look for a change since I m not happy in the current assignment. So, if I resign from the contract and give 4 weeks notice as required by the contract.
In such a scenerio, will my agency.
1. Pay me for the period in which I am serving the notice?
2. take any legal action for early termination of the contract although I m serving a 4 weeks notice?

1. They will pay you for the work done or you take legal action to recover the debt. Simples.
2. If you terminate as provided for in the the contract then you are OK. Don't forget that the contract is between your company and the agency, not you personally so if they start legal action (which is very unlikely) you can just take the money out of your company and setup a new one so they agency won't get anything anyway.

[SueEllen]

Let me generalise your question - "Is Email a valid substitute for signature?" I suppose yes, if the email comes from an identifiable, reliable server, such a company official communicating from his office email account - and so can be uphold in a court, rather than originating from a gmail account, which someone could later say doesn't belong to him/her..

It doesn't even come down to what server is used as I know of a high profile case where people were "faking emails" had been sent through the office server by embedding them in another email.

The claimant lawyers demanded the server backups to prove that the emails weren't sent. They never got them and using the fact that the party faking the emails with other evidence were being awkward for the sake of it the claimant won their case. (Civil cases need less evidence.)

Another thing is that the person sending the email has to be clearly identifiable so if your name is "Fred Bloggs" putting "F" or "Fred" won't identify the email as coming from you but putting "Fred Bloggs" with a few other details will.


And I've had contracts where it's acceptable for me to send a time sheet to the person who is suppose to sign it. They then forward the time sheet to the agency with a line saying it's approved and their fullname on the email.

[explorer]

Does a timesheet which is attached to the mail and approval taken on email is considered as signed timesheet or is it mandatory to get a hard copy of the timesheet signed?

Let me generalise your question - "Is Email a valid substitute for signature?" I suppose yes, if the email comes from an identifiable, reliable server, such a company official communicating from his office email account - and so can be uphold in a court, rather than originating from a gmail account, which someone could later say doesn't belong to him/her..

Having said that, I think the legal processes and procedures are yet to incorporate Email as the valid substitute for a signature in the lawbooks..Hence the tradition to physically sign contracts and any other legally binding code of conduct still prevails..

[cojak]

It depends on the agency. I get my timesheet signed and then scan it and send it via email along with my invoice.

[newtocontracting]

Depends on the detail of the contract but generally:

1. If you work it and have a signed timesheet + invoice then yes.
2. If you have the right to serve a 4 week notice then no.

Does a timesheet which is attached to the mail and approval taken on email is considered as signed timesheet or is it mandatory to get a hard copy of the timesheet signed?

[ratewhore]

I have 3 months contract, 1 month is already gone and I want to look for a change since I m not happy in the current assignment. So, if I resign from the contract and give 4 weeks notice as required by the contract.
In such a scenerio, will my agency.
1. Pay me for the period in which I am serving the notice?
2. take any legal action for early termination of the contract although I m serving a 4 weeks notice?

Depends on the detail of the contract but generally:

1. If you work it and have a signed timesheet + invoice then yes.
2. If you have the right to serve a 4 week notice then no.

[eek]

What does your contract say? Does it give you the right to give notice? If not then you should stay to the end of the contract, although you may be able to negotiate something.

They should pay you for the work that you've done but if you leave in a way which breaks the contract then they may claim breach of contract and you might have trouble getting your money out of them.

You are over 1 month in with less than 9 weeks to go. Grin and bear it, don't renew and start searching in a months time.

[lje]

I have 3 months contract, 1 month is already gone and I want to look for a change since I m not happy in the current assignment. So, if I resign from the contract and give 4 weeks notice as required by the contract.
In such a scenerio, will my agency.
1. Pay me for the period in which I am serving the notice?
2. take any legal action for early termination of the contract although I m serving a 4 weeks notice?

What does your contract say? Does it give you the right to give notice? If not then you should stay to the end of the contract, although you may be able to negotiate something.

They should pay you for the work that you've done but if you leave in a way which breaks the contract then they may claim breach of contract and you might have trouble getting your money out of them.

[newtocontracting]

I have 3 months contract, 1 month is already gone and I want to look for a change since I m not happy in the current assignment. So, if I resign from the contract and give 4 weeks notice as required by the contract.
In such a scenerio, will my agency.
1. Pay me for the period in which I am serving the notice?
2. take any legal action for early termination of the contract although I m serving a 4 weeks notice?