Reply to: Got The Sack

[EternalOptimist]

MF is (partly) right - you don't want to waste a lot of time and effort on this, especially if it distracts you from the main thing of finding a new contract. That is priority #1.

However, it works both ways. Most clients (and agencies) don't want the hassle either and if you give the appearance of fighting until the bitter end, they'll probably cave in. Almost all of mine have / did.

Lastly, under the statute of limitations, you have six years to pursue a claim, so do what I do, add this to a 's**t list' of cases. Then, later when you've got your new contract and are maybe have some free time you can chase it up - works for me.

flipping heck Robert, how many times have you been sacked

[bobhope]

MF is (partly) right - you don't want to waste a lot of time and effort on this, especially if it distracts you from the main thing of finding a new contract. That is priority #1.

However, it works both ways. Most clients (and agencies) don't want the hassle either and if you give the appearance of fighting until the bitter end, they'll probably cave in. Almost all of mine have / did.

Lastly, under the statute of limitations, you have six years to pursue a claim, so do what I do, add this to a 's**t list' of cases. Then, later when you've got your new contract and are maybe have some free time you can chase it up - works for me.

[Sockpuppet]

So unless your sockpuppet or Denny who cant seem to get a contract then take the money.

Bah. For accurancy I think that should be edited to "if you are sockpuppet and keep turning down roles". I am actually 3:3 for interviews:job offers ratio since the start of the year. What can I say...I'm just fantastic.

When I find a role that is becoming of my talents (and more inportantly the money) I'll take it.

Infact I've only ever not been offered the job once when I went for an interview and that was for a job at ASDA as Santa claus when I was a student....

[SandyDown]

I hear ya MF, makes me wonder why do we bother with contracts? it seems the stuff is not worth the paper its written on. Will try Antell

a looong time ago (uni days) I had to write an essay about contract law, after doing all the required research looking at all cases, I have concluded that contracts are dead (I think my essay title was 'Death of a contract') this is because with most cases any party can argue how the contract is not valid as at the time of signing the contract the circumstance were different, or interpret some of the conditions completely differently in the light of new circumstance... so I agree, contracts can be useless, may I add am not sure about how useful all this indemnity and liability insurances we take !! wonder if its all a waste of time and money !!

[MarillionFan]

Absolutely. I was after a months money but picked up a new contract within 10 days. So therefore all I could sue for was the 9 days I was out of work!!!

So unless your sockpuppet or Denny who cant seem to get a contract then take the money. Otherwise go on a website and take tulipe.

[vetran]

Wait till they blink

So they are stuffed then its a stitch up and you have it in writing.

So far you are up to 2 weeks pay, keep going but don't spend a lot on it, hunt for a contract in the interim.

I have a vague memory contractor notice has a demonstratable loss portion to it, i.e. if you get another contract in the interim you can't get the money as you suffered no loss. So keep pushing until you get another contract and then consider accepting their offer, obviously don't tell them you got another contract.

IANAL etc.


Of course if the IT director has found out they have been lying and taking hisd name in vain he may be mad enough to sack / reprimand the lot of them so its a little bit of revenge.

[zamzummim]

John Antell is your man.
Remember small claims you cannot win your costs. Main court, gonna be expensive.

But if you have the time and money and are happy to spend your next clients time and effort on a court case and are a pedantic son of a bitch then do as most people on here say and sue.

Personally. It's not worth the hassle and most on here are talking tulipe.

I hear ya MF, makes me wonder why do we bother with contracts? it seems the stuff is not worth the paper its written on. Will try Antell

[MarillionFan]

John Antell is your man.
Remember small claims you cannot win your costs. Main court, gonna be expensive.

But if you have the time and money and are happy to spend your next clients time and effort on a court case and are a pedantic son of a bitch then do as most people on here say and sue.

Personally. It's not worth the hassle and most on here are talking tulipe.

[wendigo100]

The IT director loves you, your old boss loves you, the agency loves you. So who trumped up the misconduct charge?

[zamzummim]

Been reading my contract again, it says my notice is 28 days, does this mean 28 working days, or 28 days from given the notice.
Which takes me to the second point; I’ve never received the termination in writing, its all been verbal up to now.

I am a bit unsure now who is doing the screwing and who is lying, e.g. firstly they wont pay me any money for last week, then the agency says they’ll pay me for 2 days but not notice, then the last one is that they'll pay me 2 weeks including last week, which makes it only 8 working days notice – not 28 as agreed in the contract.

What makes me a bit suspicious is that all this happened so quick, e.g. I just got the IT director's email (late Friday evening around 5:30pm) saying he never complained about me, I forward it to the agent then within a few minutes the agency calls saying well done for gathering the evidence, and then within 30 minutes I get the 2 weeks settlement? Do you believe that they actually managed to get hold of the client, explain my new evidence, and renegotiate a new 2 week deal in max 30 minutes i.e. 6pm on the Friday? not sure if anyone was in the office at that time.


Am getting all paranoid now

I suppose no way round it, will need a profesional legal advice ! need someone to have a look at the contract and let me know where I stand

[MarillionFan]

"Get the full four weeks back. Chances are that if you accept just two weeks it will be in full and final settlement and you will have lost the right to screw them through the courts for the rest of the two weeks outstanding. "

As I said, unless you have taken someone to court you're talking out your arse.

Take the money.

[Lucifer Box]

You may find the client has offered the agency the full four weeks and the agency are pulling a fast one.

[MarillionFan]

"zxczddf"

Been drinking Sandy?

[lilelvis2000]

Forget it, leave and get something else. If there is a lot of money involved wait 60 days then go to court.

[SandyDown]

zxczddf