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Been totally misled and lied to by a hiring manager for contract - my legal position?

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    Been totally misled and lied to by a hiring manager for contract - my legal position?

    yes folks I was told at the interview that the role would be a full blown software engineering role, C++ under UNIX and instead the role seems to be a VAX/VMS operational test script / tesing role.

    I have a copy of the job description e-mailed to me by the recruitment agent which clearly states UNIX C++ development with SQL Sybase development yet after 8 weeks no such work is forthcoming.

    At the interview I was totally misled being told that I would be doing C++ development and design work (I am a veteran of this real-time etc. having worked at top companies with good and reliable references there).

    What is interesting is that an ex-colleage of mine is in EXACTLY the same position with this same company/manager and is distraught with the situation.

    We are both seeking to leave this company fast yet my question to you all is what is our legal position as contractors if we both find ourselves in a position where we were totally fooled into a totally bogus job ? Can we sue for selling a job that was never really on offer ?

    Note they tried to get us to sign 4 weeks notice on our side but 1 years notice on their side initially but we both refused, now we know why, the job was a complete and utter hoax. They just paid over the odds to get what they think to be the best possible testers ie developers (doh ! thats management for you in a corporate dinosaur).

    advice please ... (and yes I repeat I am seeking to leave but I've been put into a very awkward position and so has my colleague, no one would ever believe that we were doing testing given our previous background ... no way).

    #2
    Originally posted by messiah
    advice please ... (and yes I repeat I am seeking to leave but I've been put into a very awkward position and so has my colleague, no one would ever believe that we were doing testing given our previous background ... no way).
    Ask for a 50% payrise or give the notice. Testing is not a trivial activity, you might learn something useful. Pocket the money and go for an expensive holiday after. Pecunia non olet ("money doesn't stink").
    I've seen much of the rest of the world. It is brutal and cruel and dark, Rome is the light.

    Comment


      #3
      this doesn't really solve the problem that we are both getting shafter with cr*ppy testing work instead of full blown development.

      What this is doing to our future contracting opportunities god knows. Either way we got to get out.

      The main question is can we sue this employer for misleading us into a bogus job ? I know with permies you can sue and take them to a tribunal but can you do the same as an IT contractor ?

      cheers..

      Comment


        #4
        Just ******* leave and stop moaning.

        Comment


          #5
          Originally posted by messiah
          this doesn't really solve the problem that we are both getting shafter with cr*ppy testing work instead of full blown development.

          What this is doing to our future contracting opportunities god knows. Either way we got to get out.

          The main question is can we sue this employer for misleading us into a bogus job ? I know with permies you can sue and take them to a tribunal but can you do the same as an IT contractor ?

          cheers..
          What's the point in suing anyone? What sort of rep will that give you? Just give notice and haul ass out of Dodge.

          Comment


            #6
            Originally posted by benn0
            Just ******* leave and stop moaning.
            you are not Peter Mandleson are you?

            If you dont like the moaning why do you bother visiting this forum?
            Let us not forget EU open doors immigration benefits IT contractors more than anyone

            Comment


              #7
              Originally posted by messiah
              this doesn't really solve the problem that we are both getting shafter with cr*ppy testing work instead of full blown development.

              What this is doing to our future contracting opportunities god knows. Either way we got to get out.

              The main question is can we sue this employer for misleading us into a bogus job ? I know with permies you can sue and take them to a tribunal but can you do the same as an IT contractor ?

              cheers..
              On what grounds would you sue them? Lying to you? Oh boo-hoo! Get a grip, to sue someone you need to be able to demonstrate financial loss. It's time to start acting like what you are (and stop calling your client your employer for starters). If you contracted a man to install a kitchen and when he arrived you asked him to install a bathroom instead, and he actually started doing it, would you then expect him to sue you?

              Be professional. You're running a business. Have a meeting with your client and explain calmly and clearly the issues. Forget your mate, he's nothing to do with your company and is strictly on his own. If they take the approach that they own you and you do whatever you are damn well told, just calmly tell them that is not acceptable in a b2b relationship and tender notice.

              If you can't bring yourself to act in a mature, professional manner, then I'm with the others on this one, just give notice and clear off.

              Either way, time to grow up and act like a contractor rather than a petulant permie.

              Comment


                #8
                In many circumstances when the development has been outsourced the development is in reality the specification stage and testing is the actual development, and the poor customer finally gets to do the testing...
                Insanity: repeating the same actions, but expecting different results.
                threadeds website, and here's my blog.

                Comment


                  #9
                  Originally posted by messiah
                  yes folks I was told at the interview that the role would be a full blown software engineering role, C++ under UNIX and instead the role seems to be a VAX/VMS operational test script / tesing role.

                  I have a copy of the job description e-mailed to me by the recruitment agent which clearly states UNIX C++ development with SQL Sybase development yet after 8 weeks no such work is forthcoming.

                  At the interview I was totally misled being told that I would be doing C++ development and design work (I am a veteran of this real-time etc. having worked at top companies with good and reliable references there).

                  What is interesting is that an ex-colleage of mine is in EXACTLY the same position with this same company/manager and is distraught with the situation.

                  We are both seeking to leave this company fast yet my question to you all is what is our legal position as contractors if we both find ourselves in a position where we were totally fooled into a totally bogus job ? Can we sue for selling a job that was never really on offer ?

                  Note they tried to get us to sign 4 weeks notice on our side but 1 years notice on their side initially but we both refused, now we know why, the job was a complete and utter hoax. They just paid over the odds to get what they think to be the best possible testers ie developers (doh ! thats management for you in a corporate dinosaur).

                  advice please ... (and yes I repeat I am seeking to leave but I've been put into a very awkward position and so has my colleague, no one would ever believe that we were doing testing given our previous background ... no way).

                  My best advice is to award the contract to myself, I will do it cheerfully for a fiver.

                  Nuff said ....

                  Contractor Caveat Honour and Money do not belong in the same purse

                  Comment


                    #10
                    Originally posted by Francko
                    Pecunia non olet ("money doesn't stink").
                    I like that. Is it accurate?

                    Comment

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