Reply to: handing notice in, is it common?

[northernladuk]

telling me that "it doesn't work that way" and "I don't need to sign anything", practically patting me on the head at the same time! I was really confused, cause I'm certain its not a rolling contract.

That's assault. Point them to the clause about misconduct and immediate termination. Sorted!

[jmo21]

So I checked my contract again and it has a start date and an end date, and does not mention anywhere about it being rolling? I was also under the impression that if it came to the last day, and I hadn't signed anything I could walk away, but my client was insisting the opposite, telling me that "it doesn't work that way" and "I don't need to sign anything", practically patting me on the head at the same time! I was really confused, cause I'm certain its not a rolling contract.

Then, funnily enough, on the last day, agent starts calling and emailing just to "confirm I'd like to renew", urgently needing me to sign something which he sends over and asks me to fax and return asap? However my client tells me that my contract (Between agent and client) was signed and returned over two weeks ago.
I'm sure something went seriously wrong here, but I'm not sure what I did wrong and how I should have prevented it?

There is now no doubt, your contract finishes on a certain date, and the agent has ****ed up.

If you want to leave, explain that politely to the end client.

If you decide you want to stay, now may be the time to get a raise out of the stupid agent.

You did nothing wrong other than not knowing exactly the terms of your contract, but in this instance this not damaging what you want to do.

What I would say is be more aware of the end date, and communicate with both your client and agent making it clear what you want to do in advance to allow for any handover.

[SueEllen]

It does not sound like you did anything wrong as long as there was a start and end date on your contract it sounds like the agency messed up.

I wonder what would have happened if you declined the renewal agent would have probably wet himself but then no doubt would have blamed you when telling the client!

As for the client saying thats not how it works well it does on your contract, end date is an end date!!

Nothing stopping you from making a photocopy of your contract.

Highlighting the important bits and giving that copy to the client before you leave on your last day.

They will then learn not to believe agency lies.

[billybiro]

I know someone who chops and changes like the wind but still manages to get good rates at good places. Sure it'll catch up eventually.

You know, those against the idea keep saying things like this, but it seems that there are many out there who do just chop and change and it never does seem to catch up with them.

Yeah, yeah, one day, you'll say. But maybe by the time that happens they'll have made their fortune and be sipping pina colada's on a beach in hawaii all day long and won't really care? Just a thought.

[curtis]

I'm sure something went seriously wrong here, but I'm not sure what I did wrong and how I should have prevented it?

It does not sound like you did anything wrong as long as there was a start and end date on your contract it sounds like the agency messed up.

I wonder what would have happened if you declined the renewal agent would have probably wet himself but then no doubt would have blamed you when telling the client!

As for the client saying thats not how it works well it does on your contract, end date is an end date!!

[Bexter]

That's complete legal rot unless you had a rolling contract.

So I checked my contract again and it has a start date and an end date, and does not mention anywhere about it being rolling? I was also under the impression that if it came to the last day, and I hadn't signed anything I could walk away, but my client was insisting the opposite, telling me that "it doesn't work that way" and "I don't need to sign anything", practically patting me on the head at the same time! I was really confused, cause I'm certain its not a rolling contract.

Then, funnily enough, on the last day, agent starts calling and emailing just to "confirm I'd like to renew", urgently needing me to sign something which he sends over and asks me to fax and return asap? However my client tells me that my contract (Between agent and client) was signed and returned over two weeks ago.
I'm sure something went seriously wrong here, but I'm not sure what I did wrong and how I should have prevented it?

[SueEllen]

This topic has been on my mind a lot recently. I understand from people on here the general opinion is to see it through to the end, which is fine. However, I recently came up to my contract renewal and as usually happens heard nothing from agent or client. When I pushed them, with 10 days to go, turns out my agent had just automatically renewed my contract. Never asked if I wanted to renew. Obviously I was quite annoyed because I wasn't sure if I wanted to renew, at which point, both client and agent replied with, "its no big deal if you want to leave, you just give notice. Its the same everywhere blah blah blah".

So now I'm confused? My client/agent tells me its normal to quit a contract when you've had enough and that the renewal date is just a formality/technicality. But yet others on here seem to use only that time to get out?

That's complete legal rot unless you had a rolling contract.

Your contract is with the agent, so if you were unhappy with the contract and just walked at the end of the original contract term then the agent would have no legal comeback on you.

The agent could phone you up and shout and scream but they can't do anything. There as the client could sue the agent if you just walked.

On the other hand if you worked a day over your original contract term it would be legally assumed you accepted the new contract so you would have to give notice.

[Fred Bloggs]

As ever, this really boils down to circumstances. One job I handed my notice in because I thought the job was heading into trouble. Less than two months later all the contractors got binned. Another jo I started and hated it, it took me 6 weeks to get another one lined up and then left. But the client co didn't hesitate to engage me again a year later at another branch office. On other occaisions, such as this job, I've stayed to the bitter end so it is the client binning me at the end of the job.

[HeliCraig]

My personal opinion is if I need to I will use my notice, but I don't want to do it very often. I kind of see it as a last resort.

I can understand not leaving 6 weeks into a 6 month contract, as this just looks poor, but if its a long standing contract, does it make any difference?

These two quotes just about sum up my scenario at the end of last month. I was 6 months into another 12 month contract, this being by 5th renewal with the same ClientCo.

I had major concerns with a project I was being roped into, and a PM who frankly didn't understand what the hell was going on.

I decided it would be best to exercise the 4 week notice clause and move on. I don't feel bad about it, because I exercised a clause in the contract which I was entitled to, and had already proved that under normal circumstances I would not have done so.

I also thought of it as Karma, as ExClientCo used the same 4 week notice term on all contractors in the past in order to effect a rate change. They can't have their cake and eat it.

[curtis]

I know someone who chops and changes like the wind but still manages to get good rates at good places. Sure it'll catch up eventually.

The thing is how do people know, of course if you use the same agent they 'might' remember if it was recent but I have been in IT for 12 years now and I think there has only been 2 occasions I have used the same agent and as far as the client is concerned if you walked from a 6 monther after 3 months they will just see it as having been a 3 month contract. Even if you walked from a 12 monther after 2 weeks it could have been a 2 week contract.

My personal opinion is if I need to I will use my notice, but I don't want to do it very often. I kind of see it as a last resort.

[Wanderer]

turns out my agent had just automatically renewed my contract. Never asked if I wanted to renew. Obviously I was quite annoyed because I wasn't sure if I wanted to renew, at which point, both client and agent replied with, "its no big deal if you want to leave, you just give notice.

I haven't seen your contract but that's NOT how a fixed term contract works. When the contract expires you have to sign a new one. The agency doesn't renew it without asking you first.

You may have a rolling contract which is automatically renewed but that will be written into the contract.

[eek]

Ultimately, if you've been somewhere a while, say over 2 years, what's the difference between quitting / not renewing? I can understand not leaving 6 weeks into a 6 month contract, as this just looks poor, but if its a long standing contract, does it make any difference?

Provided your client (and agent to a little extent) are happy about you leaving that's fine.

I personally try and time departures to end points of work as it makes it easier to escape with everyone happy (and you're not passing unfinished work to someone else to finish off / badmouth you).

The main thing to avoid doing is leaving people in the lurch. If things are quiet they won't mind you escaping. If you are the core person on a 6 month redevelopment of a core system don't leave after 3 months and expect them to be happy about it.

[Bexter]

This topic has been on my mind a lot recently. I understand from people on here the general opinion is to see it through to the end, which is fine. However, I recently came up to my contract renewal and as usually happens heard nothing from agent or client. When I pushed them, with 10 days to go, turns out my agent had just automatically renewed my contract. Never asked if I wanted to renew. Obviously I was quite annoyed because I wasn't sure if I wanted to renew, at which point, both client and agent replied with, "its no big deal if you want to leave, you just give notice. Its the same everywhere blah blah blah".

So now I'm confused? My client/agent tells me its normal to quit a contract when you've had enough and that the renewal date is just a formality/technicality. But yet others on here seem to use only that time to get out?

Ultimately, if you've been somewhere a while, say over 2 years, what's the difference between quitting / not renewing? I can understand not leaving 6 weeks into a 6 month contract, as this just looks poor, but if its a long standing contract, does it make any difference?

[VectraMan]

Is refusing an extension classed in the same way as leaving before a contract is due to finish to client and agent?

Absolutely not. If the contract is for 6 months, and the work required is going to take 12, well then it's entirely the client's fault for not planning it better. You shouldn't feel in any way obligated to accept an extension.

Walking in the middle is letting them down though. But OTOH, if the contract allows you to give notice then you're abiding the contract by giving notice, so perhaps you shouldn't feel guilty about it. But then if we all start walking mid-way through contracts, then that can only lead to more contracts with no ability to give notice (these seem to have increased a lot over the last couple of years).

I've never done walked in the middle, but I've turned down last-minute extensions twice on account of already having another gig.

[ChimpMaster]

Is refusing an extension classed in the same way as leaving before a contract is due to finish to client and agent?

I would say that the client should plan their contract duration/rate/terms very carefully, based on the requirements of the project and not based on standardised 3/6 month contracts, as far as possible given budgetary concerns.

I am professional as far as reasonably possible, but remember that you have a business to run and you are not a charitable organisation.