Reply to: Breaking my contract?

[psychocandy]

Real contractors aren't sick

True enough lol. If you're not dead you go in!

[fraymond]

Almost always the best advice is to just have an honest conversation and come to some compromise. There are lots of things that could be proposed. It's like a landlord, even if you can hold your disgruntled tenants to a contract, do you really want them staying in your house?

[northernladuk]

Some honest, genuine, non-insulting advice:

Contrary to what NLUK may tell you, I have never broken a contract, so he is just confusing the matter when it comes to this. If you don't have it in your contract to give notice then don't risk it. It won't look good on you and it is likely to give you a bad name and trouble in the future. You should take it as a lesson and negotiate notice period into any contract you are not 100% sure of.

Negotiate an IR35 flag in to your contract... Great advice that is....

Contracting termination clauses that avoid IR35 risk

[NorthWestPerm2Contr]

I am coming to the end of the first 3 months in my currency contract. This is due to end on 31st jan.

I accepted an extension by email, but signed no paperwork that was sent. This extension is due to end March 31st.

I have since been offered a preferable contract (longer). I would like to accept this, but on emailing my agency, I was informed that I had accepted the extension (starts feb 1st) and that my contract states:
'The Supplier understands and agrees that any Assignment
may not be terminated by the Supplier for any reason'

I wondered where I stand legally. Can the agency make me continue with the extension of the contract despite having no signed paperwork for the extension and despite me not having started this extension yet?

Any help would be greatfully received.

Some honest, genuine, non-insulting advice:

Contrary to what NLUK may tell you, I have never broken a contract, so he is just confusing the matter when it comes to this. If you don't have it in your contract to give notice then don't risk it. It won't look good on you and it is likely to give you a bad name and trouble in the future. You should take it as a lesson and negotiate notice period into any contract you are not 100% sure of.

[kingcook]

What do you do then if you are sick and wont be in? Not tell the client...

Real contractors aren't sick

[NorthWestPerm2Contr]

At end of the day it doesn't matter what the wording of the mail/verbal/written in blood. None of these change the situation one iota. The agent will be seriously pissed off and I expect the OP will have to fight for his last pay. The client will be mildly unamused (I am assuming he isn't key to anything) but he will live. Don't expect them to be falling over to offer you work in the future though, it may happen but don't assume it is a given anymore.

You are dealing with people and their bonus here. It will never go legal so what he said and how is pretty irrelavant. He gave the expectation he was staying and has now withdrawn it. There are going to be pissed off people and threats. That is what he has to deal with. The chance of anything serious coming out of this is virtually zero. Just gonna be a bit of a tulipstorm for awhile that is all. How much of a tulipstorm depends on how hard he plays it.

The OP might want to drop NWP2C a PM for some expert advice letting clients/agents down and how to deal with it.

Just hope he learns doing this shizzle is not very professional and do it too much it will come back and bite you... hard.

Thanks for remembering me

[psychocandy]

Phone in sick? You are such a permie.

What do you do then if you are sick and wont be in? Not tell the client...

Whether permie, contractor, consultant, toilet cleaner it makes sense to at least tell the person expecting you that you won't be there as planned?

My comment was a little tongue-in-cheek though :-) Merely trying to indicate that it might be slightly less hassle to tell client/agent you were ill rather than admitting you were swanning off somewhere else for more money or whatever.

[northernladuk]

WHS. Although does contract have notice period?

Or just phone in sick and not turn up? lol

Phone in sick? You are such a permie.

[Wanderer]

Avoiding the argument about whether its right or wrong but surely agency has got no right to withold anything for any work actually done?

They can claim for damages from your company due to the breach of contract though the amount of those damages would be open to dispute - probably in court.

Simply withholding payment of whatever amount they owe you isn't acceptable.

[eek]

Avoiding the argument about whether its right or wrong but surely agency has got no right to withold anything for any work actually done?

If you decide to terminate, then they owe you for work done up to that point. Period. If they don't pay then go after them.

If they want to start a SEPARATE legal issue about the fact that you've breached the contract then that's up to them.

Depends on if you are opted in or out of agency regulations and whether they enjoy arguing the point.

I'm sure that eventually you would get the money back but I'm sure its cheaper for them to fight it rather than you.

[psychocandy]

Avoiding the argument about whether its right or wrong but surely agency has got no right to withold anything for any work actually done?

If you decide to terminate, then they owe you for work done up to that point. Period. If they don't pay then go after them.

If they want to start a SEPARATE legal issue about the fact that you've breached the contract then that's up to them.

[simondolan]

I might be old fashioned like this, but is there no worth in actually doing what you say you were going to? A reputation for shafting people (even if they are an agency!) won't do you any favours long term.

I am coming to the end of the first 3 months in my currency contract. This is due to end on 31st jan.

I accepted an extension by email, but signed no paperwork that was sent. This extension is due to end March 31st.

I have since been offered a preferable contract (longer). I would like to accept this, but on emailing my agency, I was informed that I had accepted the extension (starts feb 1st) and that my contract states:
'The Supplier understands and agrees that any Assignment
may not be terminated by the Supplier for any reason'

I wondered where I stand legally. Can the agency make me continue with the extension of the contract despite having no signed paperwork for the extension and despite me not having started this extension yet?

Any help would be greatfully received.

[badger7579]

Never, ever sa you accept a contract whether in an email or verbally unless you are certain this is what you want to do.

If you dont want to commit say something like 'things look ok but I need to see and sign the contract before accepting.'

Frankly, the oP is the type that gets us all a bad name. They want the protection of a signed contract when it suits but want easy get out of jail cards when it doesnt. Well, sorry but you made you bed, now lye in it.

You'll either have to take the contract or find some compromise solution to you and the agent \ client which allows for early termination.

Well said Bolshie. You accepted the contract, suck it up.

[Wanderer]

'The Supplier understands and agrees that any Assignment
may not be terminated by the Supplier for any reason'

I wondered where I stand legally.

Don't speak to the agency about terminating the contract. These "no notice" contracts are just an excuse for the agency to screw you by not paying your last invoice. You will probably find there is a notice period in the agency's contract with the client anyway.

Speak to the client and tell them you are leaving and negotiate a notice/handover period. They will give notice to the agency that they are terminating your contract and in turn the agency will tell you "bad luck, you are being let go".

If they agency does kick up a fuss (because they think they can make some money out of the deal by not paying you your last invoice) then speak to the client and find out what they are paying the agency. Basically, if the agency get paid then they should pass the money on to you, not withhold it for some imagined damages for breach of contract. If they do withhold any money then use the standard dunning procedures to recover it and force them to justify the loss in court if necessary. (It won't get that far, they will back down)

As for it not being professional, I've seen clients bin people at a moments notice or foist a paycut on them so sod it. It's just business, get on with it.

[northernladuk]

At end of the day it doesn't matter what the wording of the mail/verbal/written in blood. None of these change the situation one iota. The agent will be seriously pissed off and I expect the OP will have to fight for his last pay. The client will be mildly unamused (I am assuming he isn't key to anything) but he will live. Don't expect them to be falling over to offer you work in the future though, it may happen but don't assume it is a given anymore.

You are dealing with people and their bonus here. It will never go legal so what he said and how is pretty irrelavant. He gave the expectation he was staying and has now withdrawn it. There are going to be pissed off people and threats. That is what he has to deal with. The chance of anything serious coming out of this is virtually zero. Just gonna be a bit of a tulipstorm for awhile that is all. How much of a tulipstorm depends on how hard he plays it.

The OP might want to drop NWP2C a PM for some expert advice letting clients/agents down and how to deal with it.

Just hope he learns doing this shizzle is not very professional and do it too much it will come back and bite you... hard.