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Previously on "Early Contract Termination"

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  • northernladuk
    replied
    Originally posted by MyUserName View Post
    Why not? If there is a sub clause, invoke it.

    If they refuse and terminate that's their problem.
    You have to provide a seamless substitution which will mean you getting your new guy up to speed without charge to the client. Sending a sub in is not just a matter of sending a random body at the client instead of you. You gotta be realistic about it. What client is going to accept that?

    Leave a comment:


  • MyUserName
    replied
    Originally posted by northernladuk View Post
    Doesn't work like that.
    Why not? If there is a sub clause, invoke it.

    If they refuse and terminate that's their problem.

    Leave a comment:


  • WordIsBond
    replied
    I suppose you have to decide whether you'd rather the guy in the mirror be someone you like and respect, or someone who has a few more quid.

    If they want you to stay, well, you gave your word and signed a contract, and you should stick by it.

    But you can always give them a chance to save money. "Look, this project is winding down, and I've had another offer. I can stay if you want, but it doesn't seem like a good use of your money to keep paying me with the current status, and I've had another offer, so it won't hurt me if you want to draw a line under this in a week or two. What do you think?"

    The driving isn't a factor -- if you didn't have an offer, you'd take the bus or whatever. I wouldn't even mention that to them. The only thing that matters to them is you are willing to walk early and save them some money if they are interested.

    But if they want you to stay and you leave anyway, well, some birds foul their own nest, but I'd only want contractors who are smarter than that.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by MyUserName View Post
    Do you have a sub clause in your contract? If so, tell them that you are no longer available but you will provide a substitute.
    Doesn't work like that.

    Leave a comment:


  • SussexSeagull
    replied
    Must say if you signed a contract with that notice period you should expect to honour it.

    That said, if there really is no work try selling it as a cost saving opportunity.

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by BolshieBastard View Post
    So basically;

    you've lost your licence
    you couldnt be arsed to find alternative travel arrangements
    you cant be arsed staying over so able to use public transport during the week
    you found another role closer to home that pays more
    you dont want to be truthful with your client
    you want to play your client and retain the possibility of going back presumably once your ban is over
    you cant think of a suitable load of bollocks to tell the client why you want out
    you want us to come up with a load of bollocks you can tell the client why you're leaving early

    Good luck with that.
    You could simplify that a bit:
    • you found another role closer to home that pays more
    • you don't want to be truthful with your client
    • you want us to come up with a load of bollocks you can tell the client why you're leaving early


    Ultimately, you have three courses of action.

    1) You either need to get them to agree that you leaving early isn't a breach of contract that they will pursue you for
    2) You need to breach the contract and take whatever happens
    3) You need to postpone the new contract until you can leave this one

    You've already wasted a week working out how to do this, so I'd suggest that you just need to pick a course of action and take it rather than procrastinating further about how you breach the contract and not look silly.

    Leave a comment:


  • BolshieBastard
    replied
    Originally posted by JackOfAllIT View Post
    Of course I wont mention anything about license or other offer... This is where I am in a bit of a head spin. What do I say? There are many situations that could occur that would otherwise render me unable to work there in two weeks.

    The driving license is in tact right now and might remain that way. It also might not. The problem has now come about because in response to the situation I started looking. And found. Extra 150 a day on my doorstep. If I mention driving license they will 100% say get train / work from home / stay in hotel. This is what I would do if I didn't get that damned offer.

    I need something more potent.

    There is a clause in the contract about a replacement but the thing is, there is no work anyway. Im thinking that I will basically just say that I need to check out in 2 weeks and is that OK as there is no work anyway? Hopefully they will accept that and agree. If they don't, I need a plan B. My response needs to be along the lines of "well the thing is I basically cannot be here after two weeks because blah blah blah.".
    So basically;

    you've lost your licence
    you couldnt be arsed to find alternative travel arrangements
    you cant be arsed staying over so able to use public transport during the week
    you found another role closer to home that pays more
    you dont want to be truthful with your client
    you want to play your client and retain the possibility of going back presumably once your ban is over
    you cant think of a suitable load of bollocks to tell the client why you want out
    you want us to come up with a load of bollocks you can tell the client why you're leaving early

    Good luck with that.

    Leave a comment:


  • Contreras
    replied
    How about man up and accept the consequences of your infraction?

    Either: Stall (or reject outright) the new offer. Use public transport for the final weeks of the current contract and/or find accommodation closer to the client.

    Or: Serve notice of 2 weeks. If you lose the final invoice payment that's tough tulip, but by the sounds of it will be made up for by the new contract anyway.

    Agent may threaten all sorts but can be ignored until a solicitor's letter drops on the mat.

    No phony excuses, stories will make you even more of a fool when found out. The job that you were contracted for is done. Offer to remain available by email/telephone beyond the contract end date if needed.

    Leave a comment:


  • mudskipper
    replied
    How about:

    A personal issue has come up that I'd rather not go into, but unfortunately means I will be unavailable from x. I realise that this doesn't fulfil my notice obligations, so I am happy to provide a substitute if you think there is enough work to require it.

    Leave a comment:


  • JackOfAllIT
    replied
    Ive been working on a single project for the last year. I specialise in that particular field and now its done, so am I. Were at that stage where they are trying to line me up for other smaller projects, but its not what I want.

    Regardless of the driving issue and the other offer, the bottom line is that im done with it and whats left to do can be done by someone who doesn't have my skillset, a regular PM.

    They are a very big client and the project has gone well. There will most likely be more work for me there in the future so I must make a clean break. Advice is much appreciated on this one...

    Leave a comment:


  • JackOfAllIT
    replied
    Of course I wont mention anything about license or other offer... This is where I am in a bit of a head spin. What do I say? There are many situations that could occur that would otherwise render me unable to work there in two weeks.

    The driving license is in tact right now and might remain that way. It also might not. The problem has now come about because in response to the situation I started looking. And found. Extra 150 a day on my doorstep. If I mention driving license they will 100% say get train / work from home / stay in hotel. This is what I would do if I didn't get that damned offer.

    I need something more potent.

    There is a clause in the contract about a replacement but the thing is, there is no work anyway. Im thinking that I will basically just say that I need to check out in 2 weeks and is that OK as there is no work anyway? Hopefully they will accept that and agree. If they don't, I need a plan B. My response needs to be along the lines of "well the thing is I basically cannot be here after two weeks because blah blah blah.".

    Leave a comment:


  • MyUserName
    replied
    Do you have a sub clause in your contract? If so, tell them that you are no longer available but you will provide a substitute.

    Leave a comment:


  • psychocandy
    replied
    Originally posted by TheFaQQer View Post
    If the client says that they need you for the four weeks and expect you to work the contracted notice period, what are you going to do?
    Dying to say "Pull a Sickie"

    Leave a comment:


  • psychocandy
    replied
    Originally posted by FatLazyContractor View Post
    D&C
    OK. I should say if contractor rocks up and says I cant get in I cant drive they'll say "we don't care - catch the bus/train/walk then"

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by JackOfAllIT View Post
    I may be having some issues with my driving license that will prevent me from being able to get in... This prompted me to look for somewhere close to home only to find something on my doorstep and with lots more pay.
    If the client says that they need you for the four weeks and expect you to work the contracted notice period, what are you going to do?

    Leave a comment:

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