Terminations

[denise]

Hello,

I have two issues.

1.
My signed contract between my company and agency defined the start and end date of assignment. However the client company subsequently delayed the start date twice which lost me two weeks. I was ready to start on the stipulated start date but the end client were still awaiting signoff of contract between themselves and agency. The end client caused the delay.

Q. Can I claim payment or any compensation for these two weeks lost due to no fault of my own?

2. My contract was verbally terminated by phone call from agency due to change of client company plans. My end date was given verbally as a date 24 days hence. I was told the termination letter will be posted to me. My contract states "Either party may terminate it at any time by giving 28 days written notice." Can a verbal termination by phone be regarded as same as written notice?

Q. What grounds have I to insist that the termination date be 28 days from the date I receive written notice by post as made clear in contract?

Any advise would be appreciated.

Denise

[rsingh]

It depends if there is a mutuality of obligation clause (Moo). If there is no moo, then they do not have to provide work (and hence payment) during any notice period. Check your contract and then move on.

How De'Nephew by the way?

[Not So Wise]

1) Depends on what your contract says, but probably not (defiantly not without a good lawyer)

2) In theory yes, in practice? depends on Judge, but in all honesty is 28 days worth the hassle/cost? (and yes you would need a lawyer if you wanted real chance of winning on this one as well, so costs would be high)

You got to remember your contract is with the agency, not the client and it is only the agency you can take action against when it is really the client that is screwing around

Agency gave you your notice, just not in format contract stipulates, be happy with that, many times in this situation contractors get shafted and given no notice (when they are due it)

My personal recommendation is just accept the verbal notice, learn the lesson that in most cases contracts T&C's are junk anyway unless someone wants to splash out in costs and chalk it up to experience while you look for new contract

[d000hg]

2) In theory yes, in practice? depends on Judge, but in all honesty is 28 days worth the hassle/cost? (and yes you would need a lawyer if you wanted real chance of winning on this one as well, so costs would be high)

It's not 28 days in this case. It's the difference of 28 days from written notice Vs 24 days from phone conversation.

That seems like a battle you'll never win, you can gain an extra week in theory but it will hardly be fun and may screw up any reference you might want in future.

Take it on the chin and move on, is unfortunately my advice.

[denise]

Re: Termination

Thanks for the responses. Seem's like my best option is to accept whatever I can get.