Reply to: Decling contract after signing the paper work

[bobspud]

I wouldn't even consider the IB role as a prospect until I had a contract and a start date. I have seen far too many agents mess around at the expense of contractors.

I had a firm offer for An IB just before I took my new role in the west country. I had a call from the agent last month and according to the agent they are still waiting to on board me despite the interview being over 2 months ago, and me taking another job.

Had I took the guys word for it and passed my role I would have been sat like a mug while the role evaporated.

[arthur_cider]

A twist with a splash, nah go on

[SecureTheNet]

I thought he was waiting for an offer from one... the IB if my thinking is right...



I also guess the OP still hasn't informed the agent he doesn't want the gig. Not only does he not want the gig but he is going to wait until the very last minute to tell them... Poor.

RE: offer. yes you got it right.

[SecureTheNet]

If I am reading this right, you have signed two contracts, one at the IB and one at the Telco. Is that right?

Nopes. I have just signed one contract with a Telco

[SecureTheNet]

Let me get this right. The gig you have signed and you want to bail on is the telco? And the one you want to go with is the IB? If so I think you are just not taking this seriously at all? You can communicate with the telco properly and not annoy them they might have me back? Really?!?! I don't think so. What bit of bailing out at the last minute will they be happy with? Don't rely on clients that you bin to take you back. You become high risk to them.

If I have it the wrong way around then just ignore the bit above.

Well I am with a telco (Telco1) at the moment (just had the leaving do yesterday) and terminated the contract in a friendly terms. Signed contract with another telco (Telco2 - Smaller than Telco1) which starts next week. However waiting for an offer from IB where the role is far better and they are the partner of Telco1. This probably make things clearer! My intention is to take IB's role as that role is something would progress my career.

RE: Communicate and coming back.
As I said, I am waiting for IB's offer yet, my intention is to try to communicate Telco2 in a nice way and see if this can be done in a polite way. Telco2 would just use 50% of my skills and they are aware of this, they just wanted me as I am from their competitor Telco1. However in IB, I would be fully utilised. That's the line of talks, I would present to Telco2 in case if I get an offer from IB. As this would be my first IB role, I was trying to say - I can attempt to come back to Telco (whether Telco1 or Telco 2. Telco2 might hate me but Telco1 has a friendly relationship with me anyway).

it might not make lot of sense to many. But I think, I have understood what I need to do and thanks to everyone's for your valuable inputs.

[blacjac]

Decling contract after signing the paper work

First, get the terminology right, you are not declining a contract, you would be breaching a contract.

2. Is there any legal implication

Possibly. If the client chooses to pursue it then yes.

There is no 'polite' way to do this. You have (or your company has) signed a legally binding contract. If you decide not to honour that contract then you are in breach of contract and the client can pursue you for all damages that the contract allows.

[Ketchup]

It really depends on the roles you go for. The industry i tend to work in is very incestuous, and would be keen not to get a bad name for myself. 25% over 3 months is probably around 10k, for me, the damage to my reputation it not worth that.

[escapeUK]

In you line maybe reputation is worth very little, but in my area, it is very easy to become persona non-grata.

Well, I actually have worked for the last 5 years through my network of contacts where all my earning are mine and there is no agent involved. So my clients know me, what I can deliver and how I work.

However, if I was working for a stranger, via a stranger at an agency my thinking would be as I already stated.

[speling bee]

Using the argument that the client could do the same to you is infantile and does not give you carte blanche to act unprofessionally.

In you line maybe reputation is worth very little, but in my area, it is very easy to become persona non-grata.

But i dob't think you're saying anything very different. It sounds like it is still a business decision for you, but your situation means that you weigh factors differently.

[JamJarST]

I would take the opposite view. If the client had decided they didnt need you, or didnt have the budget they would terminate the contract without a second thought.

Its a big world out there, and the chances of anyone even remembering the contractor that didnt turn up is slim to none. Reputation is built by those that do, not by those that dont.

The agent will be annoyed, but dont think for a second that if there was another contractor who they could have made another 25% on they wouldnt have dropped you in that same second.

Using the argument that the client could do the same to you is infantile and does not give you carte blanche to act unprofessionally.

In you line maybe reputation is worth very little, but in my area, it is very easy to become persona non-grata.

[JamJarST]

I've got a feeling that there are some on this board who are quite happy to dish it out to others telling them its unprofessional but if the same thing happened to them they'd be out like a shot.

Its easy to take the moral high ground when its someone else.....

What an absolute load of rubbish!!!

[psychocandy]

Every contract I've seen since 97 has a clause in it saying the agent can withdraw the 'offer' for any reason in the first 7 days or if the client changes their mind blah, blah, blah. Im sick and tired of this one way street we seem to be on where agents \ clients can drop the contractor at the drop of a hat at any time especially at the start of a contract. Yet, if a contractor contemplates it, woe betide the contractor is 'unprofessional' or 'unethical.'

In the last 18 months, I've jibbed off 4 or 5 agencies regarding roles. have a got a bad reputation/ Dont know but it hasnt stopped me getting other roles this years



As I said above, this year I've jibbed 4 or 5 agents off because once offered the roles, I decided something better would come up (which it did). Didnt stop agents phoning me to be put forward for roles etc.

I think asking for too high a rate is more likely to be the reason why some people find it harder to get roles. Nothing wrong with that, I've jibbed a few at offer stage too.

I've got a feeling that there are some on this board who are quite happy to dish it out to others telling them its unprofessional but if the same thing happened to them they'd be out like a shot.

Its easy to take the moral high ground when its someone else.....

[Wanderer]

The agent will be annoyed, but dont think for a second that if there was another contractor who they could have made another 25% on they wouldnt have dropped you in that same second.

WHS ^

If the second client was offering 25% more then I would just drop the first offer. It's a bit of a bother for the client (I don't give a fsck about the agent) but that's business. The fact is, if clients don't pay enough then they will not attract and retain the services of the people they want. Simple as that.

Worst case scenario is that the agency could sue you for their losses which would only amount to their commission over the notice period that you would be obliged to work. Figure out 15% of your monthly invoice and that's your exposure. Working 1 month in the new contract would more than cover that but it's never going to get that far.

It may also be worth talking to the client to explain what happened. Who knows, they may offer more money and you stay on with them. It may also turn out that the agency is taking a massive margin and between them and the client they can get you into the original client at an approved rate.

Whatever you do, keep it businesslike and tell them politely but firmly that you are in business to make a profit and your counter offer is substantially better than theirs. DO NOT tell them where your new offer is or even what area you will be working in as it's none of their business.

[escapeUK]

Let me guess, this is purely about money isn't it?

Personally I would stick to the one I had signed for a few reasons:
1. It is the professional and ethical thing to do.
2. Dropping the client just days before starting is a sure way of hurting my reputation, and reputation is everything in this game, and
3. If I had been messed around and had to wait a month for an offer, I would expect the assignment to be fraught with problems.

Just my opinion.

I would take the opposite view. If the client had decided they didnt need you, or didnt have the budget they would terminate the contract without a second thought.

Its a big world out there, and the chances of anyone even remembering the contractor that didnt turn up is slim to none. Reputation is built by those that do, not by those that dont.

The agent will be annoyed, but dont think for a second that if there was another contractor who they could have made another 25% on they wouldnt have dropped you in that same second.

[BolshieBastard]

Let me guess, this is purely about money isn't it?

Personally I would stick to the one I had signed for a few reasons:
1. It is the professional and ethical thing to do.
2. Dropping the client just days before starting is a sure way of hurting my reputation, and reputation is everything in this game, and
3. If I had been messed around and had to wait a month for an offer, I would expect the assignment to be fraught with problems.

Just my opinion.

Every contract I've seen since 97 has a clause in it saying the agent can withdraw the 'offer' for any reason in the first 7 days or if the client changes their mind blah, blah, blah. Im sick and tired of this one way street we seem to be on where agents \ clients can drop the contractor at the drop of a hat at any time especially at the start of a contract. Yet, if a contractor contemplates it, woe betide the contractor is 'unprofessional' or 'unethical.'

In the last 18 months, I've jibbed off 4 or 5 agencies regarding roles. have a got a bad reputation/ Dont know but it hasnt stopped me getting other roles this years

Reputation is everything in this game, if i know a few contractors who have messed agents about and now find it hard to pick up roles. But if you have decided that is what you want to do, i would offer to use the substitution clause to honor the notice period, the client and agent would probably decline, but this id likely to defuse any possibility of legal action.

As I said above, this year I've jibbed 4 or 5 agents off because once offered the roles, I decided something better would come up (which it did). Didnt stop agents phoning me to be put forward for roles etc.

I think asking for too high a rate is more likely to be the reason why some people find it harder to get roles. Nothing wrong with that, I've jibbed a few at offer stage too.