Reply to: Contract terminated 2 weeks before end and bonus due

[TheFaQQer]

My contract was cancelled 2 weeks before the end. I tookk a rate drop and stupidly agreed to a substantial bonus on completion, which I'm now not going to get. To me it smacks of them terminating my contract so they don't have to pay me the bonus.

I had a summer job like that once - you got a bonus at the end of the season equivalent to 30p for each hour worked, if you didn't get sacked. Last two weeks, the managers used to hunt in packs to see who they could fire so it didn't get paid.

They are claiming gross misconduct as I didn't use my work laptop to access the internat network whilst working from home. Although it does not state that I have to do that in my contract. My boss just told me to get access to the network from home and to make sure I took my work laptop home (I cannot get the exact wording anymore as it's in work e-mails that I no longer have access to).

Sounds 50/50 to me - did you have any security / network policy to check out? The majority of clients I've worked with have had a policy where there was no chance of having your own equipment on the network, but I've had a couple where it was expected to use your own equipment. If the client made it clear (or it was a reasonable assumption that you should use their equipment), then I'd say you have no chance. Thinking on it, why would you be expected to take the work laptop home and not use it

When I quizzed them on that they then stated that my work was inadequate (after being there for 2.5 months and not having said that so far) and my attendance was poor, (again this had not been raised prior to them terminating my contract). I consider both of the last statement to be inaccurate.

If it's in writing, then sue for malicious falsehood / slander if it's not true. But it will cost you a fortune and probably make no difference.

The agency I went through have been useless and have stuck up for the client and not me.

That's hardly surprising, is it? Chances of the client putting money their way are significantly higher than you putting money their way. If the agency has been told you were unprofessional, then you need to remedy it, though. Explain politely to the agency what you think has happened, tell them that you'll just chalk it up to experience, and if they have anything in future, please bear you in mind. You don't want the agent thinking of you as unprofessional.

I'm extremely upset and frustrated about the whole thing, I've never been in this position before and had my professionalism questioned before. Any help/advice woudl be much appreciated.

Now chalk it up to experience. Try to build bridges - politely explain to the client (if you want) that you wish they'd said something earlier, as you could have done something about it, but it's business.... Make sure that the agency don't mention to anyone else in passing that you are unprofessional and take too much time off.

[Wanderer]

My contract was cancelled 2 weeks before the end. I tookk a rate drop and stupidly agreed to a substantial bonus on completion, which I'm now not going to get. To me it smacks of them terminating my contract so they don't have to pay me the bonus.

The rights you have are the ones set out in your contract. From the very limited amount of information you give, it sounds like the client may be in breach of contract.

Lots of people here will disagree with my advice and say that you should bend over and take it but I'd invoice the agency for the notice period and completion bonus and then take it to court and fight it out if they don't pay.

Invoicing the agency will cost you almost nothing (maybe an hour to prepare the invoices and covering letter) though so go ahead and do that. Likewise, a sternly worded solicitors letter threatening legal action can be generated for a few quid. Who knows, there is a small chance that they might make an offer of a settlement and even if you don't have the will to fight you will get something out of it.

You have to consider how much money is owed, if you have the stomach for a fight and get some proper legal advice before you proceed (you won't get proper legal advice here though!).

Good luck!

[nomadd]

anywhere north of Liverpool street station and i'd be in a similar mood...

What, ya means like ya lives sarf of dah rivah?

Now that is depressing.

Anyway...

OP: You were shafted, but then you didn't exactly help your own case. So, simply forget about it now, have a nice long break over Christmas, and start 2012 in a positive mood for job hunting. It's going to be a tough year in 2012, I feel, so don't let this burn away inside you making things even worse. Next post I want to see from you should simply read: BOOMED!

[SueEllen]

No one else picked up on it but even though the OP may consider the attendance complaint innaccurate, I wonder what the actual attendance %age was against available days. If it was actually low, maybe the client was pretty annoyed at the level of commitment but hadn't said anything until the OP gave them enough rope to hang him with?
.

I saw that but fighting it isn't really going to help Slick as the real issue is the security one.

If he had used his company laptop then the client may have been more careful about making those additional comments without proof.

[tractor]

..

Hi all,

I'm hoping someone can help me with this as I want to know if i have any rights.

My contract was cancelled 2 weeks before the end. I tookk a rate drop and stupidly agreed to a substantial bonus on completion, which I'm now not going to get. To me it smacks of them terminating my contract so they don't have to pay me the bonus.

They are claiming gross misconduct as I didn't use my work laptop to access the internat network whilst working from home. Although it does not state that I have to do that in my contract. My boss just told me to get access to the network from home and to make sure I took my work laptop home (I cannot get the exact wording anymore as it's in work e-mails that I no longer have access to). When I quizzed them on that they then stated that my work was inadequate (after being there for 2.5 months and not having said that so far) and my attendance was poor, (again this had not been raised prior to them terminating my contract). I consider both of the last statement to be inaccurate. I'm interested in knowing if anyone has any advice. The agency I went through have been useless and have stuck up for the client and not me. I'm extremely upset and frustrated about the whole thing, I've never been in this position before and had my professionalism questioned before. Any help/advice woudl be much appreciated.

No one else picked up on it but even though the OP may consider the attendance complaint innaccurate, I wonder what the actual attendance %age was against available days. If it was actually low, maybe the client was pretty annoyed at the level of commitment but hadn't said anything until the OP gave them enough rope to hang him with?

Anyway, bonuses are for permies and footballers.

[Joeman]

NLUK has been a happy ray of sunshine today !!!!!

"its grim ooop norf". dont blame him.. anywhere north of Liverpool street station and i'd be in a similar mood...

[psychocandy]

of course its true! and its an example of a newbie mistake i made years ago on my first ever contract.. The manager played me for a sucker with promise of long extension for less money. Wont be falling for that trick ever again!!

We live and learn, and im learning that even at christmas youre a grumpy f%cker...

NLUK has been a happy ray of sunshine today !!!!!

[Joeman]

If this is even true...


What has this got to do with the OP's situation? You were binned off because you were not needed even though you were cheap. This isn't anything to do with the client penny pinching or acting immorally.

It appears this was your mistake not your managers.

of course its true! and its an example of a newbie mistake i made years ago on my first ever contract.. The manager played me for a sucker with promise of long extension for less money. Wont be falling for that trick ever again!!

We live and learn, and im learning that even at christmas youre a grumpy f%cker...

[northernladuk]

Agreed.. I had a similar situation once, i settled for a reduced rate for longer duration extension. 6months into the 12month contract i was terminated. should have just stuck to 6month extension on higher rate. Lesson learned, and manager who did that, firmly off my xmas list...

If this is even true...

Joeman is slower than a 486

What has this got to do with the OP's situation? You were binned off because you were not needed even though you were cheap. This isn't anything to do with the client penny pinching or acting immorally.

It appears this was your mistake not your managers.

[Joeman]

Is it me just being super sceptical, or does a contract offering a low rate with a promise of a big bonus at the end, just ring bells. In my eyes, it was never going to happen from the start. The excuse they have given could be anything to get you out of the door near the end of the contract. There is no way I would ever consider an arrangement like that.

Agreed.. I had a similar situation once, i settled for a reduced rate for longer duration extension. 6months into the 12month contract i was terminated. should have just stuck to 6month extension on higher rate. Lesson learned, and manager who did that, firmly off my xmas list...

[northernladuk]

Is it me just being super sceptical, or does a contract offering a low rate with a promise of a big bonus at the end, just ring bells. In my eyes, it was never going to happen from the start. The excuse they have given could be anything to get you out of the door near the end of the contract. There is no way I would ever consider an arrangement like that.

On the whole hell yes... but I wouldn't be surprised if more rates + retention bonus payment options will be offered in the future though. It would have to be worded that the only way it wouldn't be paid out would be if the contractor left. It the client terminated it would be paid on pro - rata basis.. but that is another discussion.

For me it depends on who his client is. If it is a large blue chip I wouldn't think they go round binning contractors (quite rightly remember!!!) to save a bit of cash. Small clients maybe.

The thing is we have to be careful about accusing his client. The bottom line is we just do not know. The OP was dismissed for doing something that is a walkable offence (if he signed the paperwork etc) so there is no indication whatsoever the client planned on not paying out. If they binned him for work not being up to scratch but no evidence then there is cause for suspicion. Blatent breaches of client security was driven by him.

[jmo21]

Is it me just being super sceptical, or does a contract offering a low rate with a promise of a big bonus at the end, just ring bells. In my eyes, it was never going to happen from the start. The excuse they have given could be anything to get you out of the door near the end of the contract. There is no way I would ever consider an arrangement like that.

I'd agree with that.

They saw the OP coming.

[ChrisPackit]

Is it me just being super sceptical, or does a contract offering a low rate with a promise of a big bonus at the end, just ring bells. In my eyes, it was never going to happen from the start. The excuse they have given could be anything to get you out of the door near the end of the contract. There is no way I would ever consider an arrangement like that.

[Support Monkey]

I have never worked anywhere where they would allow non corporate devices on the network, guest wifi maybe but access to file servers never heard of it, its definately not the norm

their network security is a bit sh*t if they let you just login with your own device, but thats another story

[BolshieBastard]

Depends whether your contract says you can provide your own equipment to do the work. If it doesnt specifically say this, the expectation is the client will provide all equipment required to do the job.

Despite what others have said, I think the client \ agent have pulled a fast one based on the OP being a newbie.

But, its pretty fruitless chasing the client \ agent over this and I'd agree the best thing is to put it down to experience and move on.