Reply to: contract terminated whilst ill - do I still get notice period

[SueEllen]

Intereresting....

So wonder what happens if someone rams you up the arse, and you get injured. OK maybe theres a direct cost of time when you cant bill but what about, as can happen as OP has displayed, client then bins you because of this sick time?

Where does liability end?

1. Few days or whatever you actually took off.
2. Income until end of contract if client bins you.
3. Even further than that because what about possible extensions.

The insurance company can either do 1 or 2 depending on the injury and paperwork.

Alternatively you can argue 3 but the other insurer, if they can't force you down routes 1 or 2, can then demand to know what your company earned over the previous couple of years with records and average it out.

I looked this up when someone crashed into me however I didn't lose any income.

[psychocandy]

A friend was driving and someone crashed into him. Hurt his back. The IB he was working for terminated him as expected. Took him a couple of months to be able to look for work and another month to find another contract. Some insurance firm got a huge bill.

But if there is no blame then you have no claim. No harm in asking though.

Intereresting....

So wonder what happens if someone rams you up the arse, and you get injured. OK maybe theres a direct cost of time when you cant bill but what about, as can happen as OP has displayed, client then bins you because of this sick time?

Where does liability end?

1. Few days or whatever you actually took off.
2. Income until end of contract if client bins you.
3. Even further than that because what about possible extensions.

Doesnt the law say that you should be put back in the same position as before. In a contractors case, this may be decent contract, money until the of the contract, plus a good chance of renewals. Difficult to quantify!

[BrilloPad]

A friend was driving and someone crashed into him. Hurt his back. The IB he was working for terminated him as expected. Took him a couple of months to be able to look for work and another month to find another contract. Some insurance firm got a huge bill.

But if there is no blame then you have no claim. No harm in asking though.

[kingcook]

Fair point, looks like I didn't read it all that well.

In that case, I'd make a formal offer to work out the notice and invoice them for the notice period when they declined the offer as it appears they have.

And for that you should burn in hell

Offering to work during remaining period is an excellent idea though - they may even change their mind about the notice.

[Wanderer]

Doesn't look that way to me. Client has requested their laptop/pass/etc back immediately, and cancelled OP's login account.

Fair point, looks like I didn't read it all that well.

In that case, I'd make a formal offer to work out the notice and invoice them for the notice period when they declined the offer as it appears they have.

[kingcook]

Sounds to me like they want you back on-site to work out your notice period

Doesn't look that way to me. Client has requested their laptop/pass/etc back immediately, and cancelled OP's login account.

[Wanderer]

My question is that as they have given 30 days notice, does this mean as I was planning to return to work on 20th of August, I would be entitled to 3 weeks until 8th September pay and I should submit my invoice for this period as such?

Sounds to me like they want you back on-site to work out your notice period so once you are well enough so go right on and work out the notice period and bill them for the days worked. If you can't work your notice period because you are unable then you can't bill them.

As others have said, do you know anyone you can get in to replace you and perhaps maintain a bit of a consultancy relationship with the client.

[slogger]

1. - Usually in contract, will they give up a long termer for a few weeks...?

2. - read my previous pasts on this - site logins, access passes, mandatory training, it's not going to wash in 95% of cases....

agree its not easy - but given circumstances (prob too late for op!) - its worth a try - particularly as I know it can be done

[Support Monkey]

substitution and notice periods are not worth the contract paper they are written on

although you could have offered most clients would not accept, it unfortunate but if your off ill for any length of time your out the door, its the contractors way

[stek]

1) you must know other people with a similar skill set ... unless you're doing something extremely niche
2) if its just for a couple of weeks till you get back on your feet then I'm sure client would be happy --- I've done this before when I did a 5 week round the world trip, I was lucky as my replacement had worked at clientco before and had a good reputation...

it is do-able but yes I agree it may not be easy!

1. - Usually in contract, will they give up a long termer for a few weeks...?

2. - read my previous pasts on this - site logins, access passes, mandatory training, it's not going to wash in 95% of cases....

[slogger]

Hmmm. That old chestnut. If OP is like me:-

1) Who would you get to sub?
2) In reality, client wouldnt be up for it anyway.

1) you must know other people with a similar skill set ... unless you're doing something extremely niche
2) if its just for a couple of weeks till you get back on your feet then I'm sure client would be happy --- I've done this before when I did a 5 week round the world trip, I was lucky as my replacement had worked at clientco before and had a good reputation...

it is do-able but yes I agree it may not be easy!

[psychocandy]

Why didnt you get a subbie in when you were signed off?

Hmmm. That old chestnut. If OP is like me:-

1) Who would you get to sub?
2) In reality, client wouldnt be up for it anyway.

[psychocandy]

As people have said, MOO does apply so in all likelihood you aint getting nothing. If it was me I'd raise the question though.... They might pay up to prevent any hassle....

But it sounds like they wont and just want someone on site.

Tough but thats the way it works when your a contractor unforunately. Out of interest, how long you been off?

[louie]

I have been off work the past few weeks ill which the company i was working for have been sympathetic too and I had made them aware that I had been signed off until 17th August and would therefore return to work on the 20th August. Yesterday I received notice from my agent that they are giving me 30 days notice and that he was deeply sorry to do this whilst I was ill but given the position I was in, it was critical to have someone onsite during this time. They have asked me to return my laptop / pass etc.. with immediate effect and cancelled my login account.

My question is that as they have given 30 days notice, does this mean as I was planning to return to work on 20th of August, I would be entitled to 3 weeks until 8th September pay and I should submit my invoice for this period as such?

Thanks for your help advice?

Regards

Stuart

If you do return to work and work from the 20th of August then yes, otherwise no work = no pay.

[BolshieBastard]

I have been off work the past few weeks ill which the company i was working for have been sympathetic too and I had made them aware that I had been signed off until 17th August and would therefore return to work on the 20th August. Yesterday I received notice from my agent that they are giving me 30 days notice and that he was deeply sorry to do this whilst I was ill but given the position I was in, it was critical to have someone onsite during this time. They have asked me to return my laptop / pass etc.. with immediate effect and cancelled my login account.

My question is that as they have given 30 days notice, does this mean as I was planning to return to work on 20th of August, I would be entitled to 3 weeks until 8th September pay and I should submit my invoice for this period as such?

Thanks for your help advice?

Regards

Stuart

Why didnt you get a subbie in when you were signed off?