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Dodgy clients...

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    Dodgy clients...

    From my last agency (the original agent left the same week my contract ended - allegedly).

    "Client X via Agency Y asked us to extend initially and then with a week to go asked us to serve 7 days notice but give you the option to leave on the Friday your original contract finsihed should you so wish. We couldn't get hold of you on that date as you were off work sick and in the interim the decision was made to rescind the extension meaning Friday was your last day.

    To be honest without seeing the info you have I can't comment on the reasons for termination

    My understanding, though, is that they will not be paying any notice."


    My Response:

    "The problem I have with that is that a 6 month contract extension was signed (I have two original copies), no notice was served - either via phone, by email, or by the manager who sat 15 feet away who had been discussing contract extensions with me. The first I heard of it was a phone call from AgentX on the day before the contract expired - and it was simply said that the extension was not going to take place. The day before he had emailed me that he had approval from HR for a 3 month contract (Note: client has threatened to sack me if I didnt accept less money and take a 2 month holiday!). Then on the friday afternoon a termination notice was sent via email with no explanation and the role appeared on Jobserve at a reduced period (they had told me they had funding difficulties). Frankly thats breach of contract and its made the other people there very uneasy."


    So who owes me the money? The client for not giving me the contractual weeks notice, or my agency for not informing me of the decision to issue a weeks notice by the client?
    Vieze Oude Man

    #2
    You'll have to see a lawyer to check exactly what the contract says.

    If there is a notice period then the agency is responsible, the client doesn't come into this at all.

    It probably is worth trying to settle, but I'm sure a lawyer would handle this.

    The only problem you may have is that the renewal contract may have a probationary period, in which case forget it.
    I'm alright Jack

    Comment


      #3
      Would a renewal have a valid probationary period? I could understand the original first contract having one, as the candidate could turn out to be bolloxs, but a renewal is a known quantity. The fact that they have offered the same person the same terms and conditions would, I would have thought, nullified any probationary period.

      Who was the client? The last place I worked at pulled similar cunning stunts to this. They promised a renewal to one guy right up until his last day and then pulled the plug. Had he known they did not want his services, he could have spent time looking for something else.
      Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.

      I preferred version 1!

      Comment


        #4
        It doesn't matter, contractors are not employees so whatever is in the contract is valid.Therefore you need to read this. It's just often, renewal contracts are identical to new contracts.
        I'm alright Jack

        Comment


          #5
          The client doesn't figure in this at all. You're contract is with the agency and if they have signed the renewal with a notice period they are contractually obliged. Obtaining legal advice is the way to go initially as there may be detail in the contract regarding this (and this is why you need to go through the contract with a fine toothcomb to begin with, striking out what you don't want and agreeing the changes with the agency).

          Who are the agents and the client btw?

          Older and ...well, just older!!

          Comment


            #6
            Dont want to name the client (but they are French) but I noticed they pulled the adverts from the job boards within two days. Im friends with the guys there so ill make some enquiries...

            Surely, if the agency knew i was being given a weeks notice they should have left a voicemail or emailed me to say as such. The fact they emailed me to say they had verbal agreement from HR for a 3 month contract on the same money on the wednesday then rang me on the thursday afternoon to tell me there would be no extension indicates they failed to serve notice.

            It was £350 a day which isnt bad for this area.

            They cant argue I was terminated for lack of ability etc as they offered me in writing 6 months on the same terms, then realised they were financially knackered and offered 3 months at 320 rising back to 350 after christmas (yeah right), then tell me Im not being terminated but theres is no extension on the thursday, then an anonymous drone emails me at work on the friday afternoon to say i AM being terminated... bunch of cowboys....
            Vieze Oude Man

            Comment


              #7
              Chuck emotion out the window and concentrate on what your signed contract says...

              ...and if you don't want to name the client, name the agency as they're obviously a bunch of tossers too!

              Older and ...well, just older!!

              Comment


                #8
                At the moment im concentrating on answering the phone - anyone know C# and Rational XDE and want a contract with the .. gasp.. Inland Revenue in Telford? Immediate start.


                I turned it down on principal.
                Vieze Oude Man

                Comment


                  #9
                  If this was just a verbal agreement for an extension, I would forget it. Yes technically a verbal agreement is a contract, but your chances of getting anything are virtually zero. In any case they could argue that the intial 4 weeks would have a days notice.

                  If you did actually work during that time that should however be paid, that would be no problem, as that's easy to prove.
                  I'm alright Jack

                  Comment


                    #10
                    Tut

                    How do people get in this situation, especially as you were sat so close to the boss.(by the way you cant get sacked - your a contractor).

                    Tut.

                    Move on.
                    What happens in General, stays in General.
                    You know what they say about assumptions!

                    Comment

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