Reply to: Premature termination of contract

[Wanderer]

1.) This is bound to be a common case with prematurely ending contracts against the signed contract. What is the point of me signing the contract? (I had passed the trial period). How should I be acting in this case?

These things happen, sometimes they just march people off site. Just invoice them for the time worked, plus the 5 days notice period they should have given you and then move on to the next job.

2. ) I have only worked here for less then 6 weeks. Do I need to put this on my CV? I would rather not, but I don’t want any future employer picking this up in a background check – if this is possible?

Don't put it on the CV if you don't want to. The only time to declare it would be if you are going for a job where they are going to do a background check. Agencies will ask but only because they are fishing for job leads.

[rd409]

New one on me...what was the interview for in that case?

I usually only get telephone interview with a client visit only to confirm the contract. In case the client is too sceptic, and does not want to offer the contract straight away, I use this as a trump card and offer the client an easy get out clause for a week or so.

No one used it so far.

[psychocandy]

Does this happen fairly frequently?

i.e. client makes up some sort of excuse to get rid of contractor?

I suppose tulip happens?

[Bugbait]

New one on me...what was the interview for in that case?

I’ve had that clause in most of my contracts, one even had a one month trial. I don’t bother arguing over it or asking for it to be removed since it’s never been invoked. If it was invoked I’m either wrong for the role or client isn’t someone I’d like to work for anyway. Given the poor standard of some contractors I’ve worked with I think any smart client would insist on the clause being there.

[Sausage Surprise]

I have trial period on all my contracts. It is usually 1 week. So in the first week, the client can get rid of me anytime, but after that, they would have to give me and pay me a notice period.

New one on me...what was the interview for in that case?

[rd409]

well thats a new one on me, and have you ever been canned and they have actually paid the notice period

I've never been canned within the trial period. I have been handed my termination only once, and that was down to the agency, but the client paid up the full notice period. I would have not created a fuss at all if they did not paid, so at the end of the day, it was just a small bonus (?) coming my way.

[Bugbait]

We dismissed a developer after 3 months into a 6 month contract but the Bank paid him a full month as per the contract. He was incredibly rubbish but they wanted to play by the rules. They wouldn’t let us fire his replacement after he proved to be equally useless but we made him work his last month notice to complete documentation. Both thought they did good work…

EDIT: The replacement breached Bank security on more than one occasion with multiple breaches of due process. We wanted to dismiss him under gross misconduct and it would’ve been easy but the senior manager for whatever reason wouldn’t sign off on it.

[Support Monkey]

I have trial period on all my contracts. It is usually 1 week. So in the first week, the client can get rid of me anytime, but after that, they would have to give me and pay me a notice period.

well thats a new one on me, and have you ever been canned and they have actually paid the notice period

[SueEllen]

My questions:

1.) This is bound to be a common case with prematurely ending contracts against the signed contract. What is the point of me signing the contract? (I had passed the trial period). How should I be acting in this case?

Whether you sign it or not if you are in England once the contract has been sent to you by the agency and you have started working and been paid you have shown that you have agreed to the contract terms.

2. ) I have only worked here for less then 6 weeks. Do I need to put this on my CV? I would rather not, but I don’t want any future employer picking this up in a background check – if this is possible?

Employer?

If you are a contractor your employer is either your limited company or your umbrella company.

Plus while contracts may be given as a 3 month period in reality they last as long as there is work for you to do. In this case there was no work for you to do after 6 weeks.....

[rd409]

The trial period ??? thats what they have permies do when they start, never heard of that for a contract you can either do it or you cannot.

Just move on to the next contract its not worth worrying about

I have trial period on all my contracts. It is usually 1 week. So in the first week, the client can get rid of me anytime, but after that, they would have to give me and pay me a notice period.

[Support Monkey]

Hi all,

I started a 3 months contract back in the middle of May. As part of the contract the client is allowed to terminate my contract with 5 days notice before this period.

Yesterday I was told verbally by the client that I would be let go and not to come in the following day (i.e. today) There was no written notice to terminate the contract prematurely. I was to leave within the hour.

The reasons for this were down to:

- Me not meeting to the client’s expectations (although it can be argued that their expectations were always changing with goal posts always moving.) I had been given the ok as I went a long wrt to my work only to be told no, this is not ok after.


I have been in touch with the Agency and they have stated that if the client have not given a notice, the client may claim misconduct against me. I am still waiting to hear back from the Agency.

My questions:

1.) This is bound to be a common case with prematurely ending contracts against the signed contract. What is the point of me signing the contract? (I had passed the trial period). How should I be acting in this case?

2. ) I have only worked here for less then 6 weeks. Do I need to put this on my CV? I would rather not, but I don’t want any future employer picking this up in a background check – if this is possible?

Thanks.

The trial period ??? thats what they have permies do when they start, never heard of that for a contract you can either do it or you cannot.

Just move on to the next contract its not worth worrying about

[rd409]

Hi all,

I started a 3 months contract back in the middle of May. As part of the contract the client is allowed to terminate my contract with 5 days notice before this period.

Yesterday I was told verbally by the client that I would be let go and not to come in the following day (i.e. today) There was no written notice to terminate the contract prematurely. I was to leave within the hour.

The reasons for this were down to:

- Me not meeting to the client’s expectations (although it can be argued that their expectations were always changing with goal posts always moving.) I had been given the ok as I went a long wrt to my work only to be told no, this is not ok after.


I have been in touch with the Agency and they have stated that if the client have not given a notice, the client may claim misconduct against me. I am still waiting to hear back from the Agency.

My questions:

1.) This is bound to be a common case with prematurely ending contracts against the signed contract. What is the point of me signing the contract? (I had passed the trial period). How should I be acting in this case?

2. ) I have only worked here for less then 6 weeks. Do I need to put this on my CV? I would rather not, but I don’t want any future employer picking this up in a background check – if this is possible?

Thanks.

I've had that happen to me in past. This is just one of the reasons they let you go. I found out later the real reason was they wanted to deal only with one agency for all the recruitment needs. My agent was not really good in offering a good deal, so they kicked out all of us working through that agency. The reason give was tulip quality of code, and not having my bums in office daily. It is not advisable to argue with the client.
I just moved on, and got another role in pretty quick time. I have been offered extensions at all the contracts so far, so I know what I am doing, and it ain't tulip.

[northernladuk]

Hi all,

I started a 3 months contract back in the middle of May. As part of the contract the client is allowed to terminate my contract with 5 days notice before this period.

It will also say that he can terminate you immediately for gross misconduct and work not being up to scratch somewhere else in your contract. (well it should anyway)

Yesterday I was told verbally by the client that I would be let go and not to come in the following day (i.e. today) There was no written notice to terminate the contract prematurely. I was to leave within the hour.

What is the difference between written/verbal. It is just symantics. Yes you are probably right he should have written to you and the agent (who your contract is with) and so on but you will have to fight it which in contracting, never goes your way. I would take his verbal as done. At best you will get a day or two out of it while he writes it. Either way you are history.

The reasons for this were down to:

- Me not meeting to the client’s expectations (although it can be argued that their expectations were always changing with goal posts always moving.) I had been given the ok as I went a long wrt to my work only to be told no, this is not ok after.

Again pretty poor as they should really detail it but again in the cold light of day you don't have a leg to stand on. I am sure someone will come along and give you the legal jargon and official process. My take on it is they are probably quite correct but this won't help you at all.

I have been in touch with the Agency and they have stated that if the client have not given a notice, the client may claim misconduct against me. I am still waiting to hear back from the Agency.

If they want rid they will make up anything so arguing you met expectations is not going to make a difference.

1.) This is bound to be a common case with prematurely ending contracts against the signed contract. What is the point of me signing the contract? (I had passed the trial period). How should I be acting in this case?

But you signed contract that probably says they can get rid immediately so (although not following process by not giving it in writing), they are just executing one of the clauses you agreed to.

2. ) I have only worked here for less then 6 weeks. Do I need to put this on my CV? I would rather not, but I don’t want any future employer picking this up in a background check – if this is possible?

It would depend on the role I am going to go for. If the client is big and the work you did is valid I would put it on. It isn't unheard of for 6 week contracts. My CV is just months so would look like a 2 month contract and if you accidently get your months wrong <cough> 3 months. Were you on the bench before? If you were benched before it looks like you have had a very long gap which could be a problem. If it is just a case of 6 weeks it wouldn't make your CV look bad if you decided not to put it on.

For me it would depend on each role I am applying for and would consider leaving it on/off when I apply for antoher.

In general, a contract is just a piece of paper until someone wants to take it legal. For some reason we seem to have had a couple of people binned early recently and discussed the finer points of contracts. In nearly all cases people said the client/agent/whoever was wrong to do so because of certain reasons but the sad reality is in every thread I can remember what happened stuck, regardless of what it said. The only way you can make it stick on a client is to try and take it legal which you won't. The only bonus is that this is a two way street and maybe at some point in the future you could break contract safe in the knowledge there is sod all they can do either.

[eek]

1) tulip happens that is why contractors are paid the big bucks.

2) Hiding it is your choice. Unless you are looking at banks who want to know about any gaps in your working life I doubt anyone would care.

I include a few short term contracts on my CV because they provide interesting things to discuss in an interview. However, Others won't and I wasn't canned in any of the cases.

[MrRobin]

1.) How should I be acting in this case?

Just move on. Contractors are a flexible work force and they didn't need you anymore.


2.) Do I need to put this on my CV?

Why wouldn't you? You worked at client X for 6 weeks, you fulfilled your role for that period until the work was withdrawn. Any client/agent who understands contracting will know that's normal. It would be worse to have a 6 week gap in your CV which you might have to explain / lie about during any future interviews