Reply to: Backing Out

[Diestl]

Just say you need to work from home, do all the work in one week and chill the rest

[Flubster]

Can't you just say you're going on holiday for a few months?

[DimPrawn]

I've walked from a signed contract before. Agent threatened to sue me. I said the agent and the client had misrepresented the job description (which was true).

Nothing came of it and I walked into another contract paying 50% more.

Which was nice.

HTH

[thefatalist]

But what's the worst that can happen, exactly?

Can they sue me, I fail to see how?

Also the verbal agreement was that I'd start at the client site as agreed. If I get there and I don't see how I can do the job there, that seems like a natural (if rare) course of events?

I'm not expecting a christmas card from the agent or mince pies.

[Helios]

Well, not exactly - some clauses in contract may appear to be unacceptable and parties may have to stop contract. The only exception is whether notice period was agreed verbally, say such notice period could be the sticking point even though the client will obviously understand you want to get out of contract.

Why not just finish the contract and get paid, is it really that bad?

I got a hair cut during business hours at a top london hairdresser, claimed it in my expenses as a car wash and got paid. LOL. It was in the interest of the client though as my longish hair was frightening client customers.

[AtW]

If you've started then you are in the same positions as if you had signed the contract.

Well, not exactly - some clauses in contract may appear to be unacceptable and parties may have to stop contract. The only exception is whether notice period was agreed verbally, say such notice period could be the sticking point even though the client will obviously understand you want to get out of contract.

[tim123]

If you've started then you are in the same positions as if you had signed the contract.

Your best chance is to claim a force majeure (I had to look up the spelling, we
can't have Fleety correcting a French word, can we).

If the family problem is really serious then this should be possible, but if it's
trivial then you might have difficulties. As it's CP I'd try to bring the client onside first as the agent is going to give you a load of aggro.

tim

[AtW]

If you started it means you have definately accepted verbal contract - it is probably best for you to insist on getting written contract and then refuse to sign it under whatever reasons you may have: this should pretty much automatically terminate your contract.

If you want to back out you'd better do it earlier rather than later as otherwise your client may actually incur real losses.

[thefatalist]

I should mention that I've actually started. 3 days in. However I don't actually see that this really changes anything. It's still a mess, but not particularly graver than if I backed out on the eve.

[MarillionFan]

Thefatalist. Might be worth mentioning what u said to me in a PM and see if anyone else has a better idea.

[TheMonkey]

And while we're on the subject, do not work with CP. Ever.

That applies to the other agency with Computer in the name too...

[malvolio]

Did I mention also the contract is with CP? I've been reading about some of the horror stories concerning them on this site. On the other hand, I did get a good rate and managed to get the contract rewritten to the point where my accountant was reasonably happy it falls outside IR35. No notice period on my side though -- first time I've ever accepted such a thing.

Oh pay attention please - how many more times do I have to say it...

No notice on your side is A GOOD THING. If you can't hack it, go permie. Otherwise it demonstrates no MOO which is one of the three non-IR35 silver bullets.

And while we're on the subject, do not work with CP. Ever.

[TheMonkey]

I've backed out of a verbal agreement before from an agent. It doesn't hurt. They just get a little arsey.

In fact I'm actually on a cotnract through the same rep so obviously something went right

[thefatalist]

Did I mention also the contract is with CP? I've been reading about some of the horror stories concerning them on this site. On the other hand, I did get a good rate and managed to get the contract rewritten to the point where my accountant was reasonably happy it falls outside IR35. No notice period on my side though -- first time I've ever accepted such a thing.

[MarillionFan]

Scotty. Sschhhhhhhh! Zip It.