Testing my mutuality of obligation clause

[Flat Eric]

Hi,

I'm a software developer and have been working for my client for the last 5 months. My current contract ends this week (31st) and I have informed them that I will not be renewing my contract. They have responded to this by putting me on the support desk.

Am I right in assuming, given that my contract has an MOO clause (checked by Bauer & Cottrell) that I can simply walk, which I'm more than prepared to do.

The MOO clause, if I recall correctly, states that the client has no obligation to offer me work and I (my company) has no obligation to accept that work, if offered.

I throw myself at your collective wisdom

[malvolio]

Hi,

I'm a software developer and have been working for my client for the last 5 months. My current contract ends this week (31st) and I have informed them that I will not be renewing my contract. They have responded to this by putting me on the support desk.

Am I right in assuming, given that my contract has an MOO clause (checked by Bauer & Cottrell) that I can simply walk, which I'm more than prepared to do.

The MOO clause, if I recall correctly, states that the client has no obligation to offer me work and I (my company) has no obligation to accept that work, if offered.

I throw myself at your collective wisdom

IF that's what is says, then yes you can walk away. But if the client is dumb enough to think the support desk is simply a repository for under-utilised staff, they are probably not going to understand your reasons for doing so...

[Flat Eric]

IF that's what is says, then yes you can walk away. But if the client is dumb enough to think the support desk is simply a repository for under-utilised staff, they are probably not going to understand your reasons for doing so...

I agree. It would be very easy for me to simply fend support calls for the rest of the week but it's not something that fills me with enthusiasm so I'd rather simply not bother.

Also, given their attitude, I really don't care wether they understand or not. They have already shown displeasure in me not renewing, hence sticking me on support.

[boxman]

If you're opted out then you'll want to be sure that you get your timesheet signed I guess. If you're invoicing by the calendar month then you won't want to risk not getting paid for the whole of August I assume?

Personally I'd take it on the chin for the sake of 4 days and put it down to experience. Either that or have a word with the client and suggest that you'd be happy to go a few days early (and save the client some cash) as it would appear that they've run out of work for you. You might want to clear this with the agency (if there's one in the loop) first as otherwise they might seek compensation for the loss of their fees for you going earlier than planned.

As a fellow software developer I'd feel a bit peeved but I always like to leave the door open for repeat business from clients - even if they've been challenging. Personnel change so often these days that a break of a few months can make a real difference (both ways!) to a place.

Good luck

Rob

[richard-af]

4 days! Do the work (i.e. play Quake II, or whatever) and leave with a nice, signed timesheet. It's just tooooooo short a time period to get worked-up over.

[Flat Eric]

4 days! Do the work (i.e. play Quake II, or whatever) and leave with a nice, signed timesheet. It's just tooooooo short a time period to get worked-up over.

I know what you're saying but the support role here is absolutely terrible. you're basically dumped on from a great height. Everybody uses support as a dumping ground for all their problems so you spend the week wiing other peoples @rses... (I'm really selling it here, aren't I )

Regarding the agency, the contract I have with them has the MOO clause in it. Surely, as stated, I don't have to take the work offered. That's a risk the agency has accepted by signing to the terms of the contract. I've taken holiday and been off sick for a couple of days without informing them and they've happily accepted reduced invoices...

[richard-af]

I know what you're saying but the support role here is absolutely terrible. you're basically dumped on from a great height. Everybody uses support as a dumping ground for all their problems so you spend the week wiing other peoples @rses... (I'm really selling it here, aren't I )

Regarding the agency, the contract I have with them has the MOO clause in it. Surely, as stated, I don't have to take the work offered. That's a risk the agency has accepted by signing to the terms of the contract. I've taken holiday and been off sick for a couple of days without informing them and they've happily accepted reduced invoices...

It's crap work, no arguement, but 4 days is doable. 4 weeks, THEN I'd sympathize.

[TheFaQQer]

Take the calls, and do nothing with them.

Blame it on hardware / software / the weather / snow / leaves / "the previous employee" etc. anything that means that it's not your problem.

Reassign everything you can to management, with the explanation "I'm not sure how to support this call - maybe one of your employees is the right person to talk to..."

[Flat Eric]

..<snip>...
Reassign everything you can to management, with the explanation "I'm not sure how to support this call - maybe one of your employees is the right person to talk to..."

That's effectively the tack I'm going to take..

You're all perfectly right, I should stop being a wuss and sit back and take the 4 days pay for being a glorified sectretary.. If they're happy to pay well over the odds for me to be in support then I'm equally happy to take the wonga....(I'm beginning to sound like a veteran contractor )