Contract signed but terminated before start

[rgiddings]

Hi All,

My mate signed a contract last week (and has a signed copy from the recruiter) that was meant to start next Monday. They've just phoned him and told him that the project has been canned. The contract seems standard and has a one week notice period. The company are offering him nothing

Just wondering if anyone's ever been in a similar position? Can the one weeks notice be given before the contract starts or are they obliged to pay him for a week?

Cheers for any help or thoughts.

[TykeMerc]

Just wondering if anyone's ever been in a similar position? Can the one weeks notice be given before the contract starts or are they obliged to pay him for a week?

It happens and he has absolutely no comeback especially since they've given given 1 weeks notice a week prior to the contract start. At least they've given a sensible reason rather than something rediculous.

That's contracting for you.

[AtW]

Shouldn't one week notice be applied from start of contract, essentially they have to pay at least one week here?

[AtW]

No.

Why not?

[Fred Bloggs]

Happened to me a while ago. Just move along, though things aren't as rosy as they were admittedly. But that's contracting.

[OwlHoot]

Payment to the consultant by the agency is typically contingent upon (1) the engagement having been started, and (2) payment by the client to the agency.

I agree with AtW - They owe him for the notice period (unless, as toolpusher says, there's a clause saying this applies only from the contract start date)

He could take this to the small claims court and, if necessary, argue that in signing this contract he has been deprived of the opportunity for nearly a week (from what you say) of applying for others.

Whether it's worth the hassle or, if he's in a niche market, the risk of upsetting the client and/or the agency is another matter. But I'd say flip it regardless, and just make a small claim online - it's pretty easy.

What's the point of *having* a contract if the agency can just ignore it on a whim?

[Brussels Slumdog]

Expenses left me out of pocket

Happened to me a while ago. Just move along, though things aren't as rosy as they were admittedly. But that's contracting.

I once had an interview for a job in Paris at 10 am and by 11 am received a contract offer to start the next day. I booked my train ticket and hotel accommodation. At 4.00 pm they cancelled as they found someone internally so I ended up having to pay one nights accommodation at €80+ 10% deposit on the train ticket.

But that's contracting.

[SallyAnne]

Hmm - most of my contracts say that my company gets paid an agreed daily rate from the agency on working of a professional day of blah hours. With an accompanied signed timesheet.
That's what I get paid for.

You can't expect to get paid by your agency if you haven't turned up to work (for whatever reason).

The agencies contract with the client probably says something like they get paid if the work goes ahead, the contractor turns up, and they are allowed to do the work. Something like that.

[chef]

Hmm - most of my contracts say that my company gets paid an agreed daily rate from the agency on working of a professional day of blah hours. With an accompanied signed timesheet.
That's what I get paid for.

You can't expect to get paid by your agency if you haven't turned up to work (for whatever reason).

The agencies contract with the client probably says something like they get paid if the work goes ahead, the contractor turns up, and they are allowed to do the work. Something like that.

yup I agree with SA totally, that's the tulipe side of contracting i'm afraid, take it on the chin and move on..

[OwlHoot]

Hmm - most of my contracts say that my company gets paid an agreed daily rate from the agency on working of a professional day of blah hours. With an accompanied signed timesheet.
That's what I get paid for.

You can't expect to get paid by your agency if you haven't turned up to work (for whatever reason).

The agencies contract with the client probably says something like they get paid if the work goes ahead, the contractor turns up, and they are allowed to do the work. Something like that.

Gotta say that sounds a bit naive and unbusinesslike Sally, at least the "for whatever reason" clause.

A contract expresses mutual commitment, for planning purposes if nothing else, in that you'll be available for work and not suddenly phone the client one morning, just before some crucial software delivery is due, to say you won't be turning up again because you found another contract with a better rate.

Once both parties have signed a contract, assuming full-time attendance at the client, i.e. the usual "BOS" type, it's reasonable to stop looking for other contracts for a while (or maybe not if this situation is anything to go by?!). And what about that guy above who bought plane tickets and booked hotels?

Of course it depends on the wording - If all the commitment is on the contractor's side, and the contract allows the client to cancel the contract at any time, for any reason or none, with zero notice, then fair enough. But the OP mentioned a week's notice.