Resignation - Not giving 'adequate' notice

[divineelle]

Hi,

I’ve been contracting for a client for 5 years (on and off) and have always worked to the end of my contract prior to commencing new roles. The client has also waited for me to end contracts prior to going back to them.

However, the time has come for me to leave and I don’t really want to be there any more and want a new start.
I have 8 weeks left on my existing contract and I have been made an offer to work elsewhere on the basis that I can start within the next 2 weeks ……but I have a 4 week notice period written into my contract.

The new client will not wait 4 weeks and I’m not sure how to hand in my notice without it impacting my references and/or my relationship with my existing client.

The client does not deal well with staff handing in their notice (permanent and contract) and always refuse to let people go early, even if they are not working on business critical projects, hence, large number of staff reduce their notice period by lying to them so that they can be released early (stories of deaths in the family, being ill, family issues etc).

I don’t want to be dishonest and make up an excuse to leave but I do see it as fair for me to leave as I have ensured that I have transferred all my knowledge to other members of the team hence, there are no key man dependencies.

I don’t want a face to face conversation with senior management as it’s likely that they will say no and view the resignation as me ‘asking’ to leave early vs. ‘telling them’ that I am leaving.

I was thinking of doing the following;
• As the agent to complete all reference checks prior to me handing in my notice.
• Provide all new contract documentation
• Email resignation to existing client

Any ideas on how best to handle this situation? Have any of you done this before and where there any negative repercussions?

Thank you

[centurian]

Do you have a Right of Substitution in your contract. If so, invoke it and say you will send a substitute immediately - and remind ClientCo that they cannot unreasonably refuse (double check the wording in your contract) otherwise they would be in breach of contract.

You might find that they suddenly become more ameanable to finishing early.

[Boo]

I have 8 weeks left on my existing contract and I have been made an offer to work elsewhere on the basis that I can start within the next 2 weeks ……but I have a 4 week notice period written into my contract.

1 Take holiday
2. "Work" from home
3. As already mentioned, threaten to send a sub.

You will find that references are an irrelevance in a contractor's life, as they are for permies. Slimers will often ask you for references but they will never actually take them up, instead they will just use them to spam for leads. Any reference a big firm gives will be restricted to dates worked, this is because they're all petrified their sad little *rses will be sued if they get it wrong.

Hth,

Boo

[Sausage Surprise]

Work 2 weeks notice followed by 2 weeks "holiday".

[Andy Hallett]

Resignation - Not giving 'adequate' notice

I'd be amazed if after 5 years of good work for them they would have a problem. Just be straight and honest with both the current and future assignments and I am sure it will happen just fine.

And as for references, the fact you have been there for so long shows you were ok for them.

[JoJoGabor]

Tell them you are working two weeks notice with weekends if necessary and work your Volos off to get everything done. Also tell them that date is not negotiable. No client will ever take legal action as I believe notice periods are not actually legally enforceable.

[BolshieBastard]

Hi,

I’ve been contracting for a client for 5 years (on and off) and have always worked to the end of my contract prior to commencing new roles. The client has also waited for me to end contracts prior to going back to them.

However, the time has come for me to leave and I don’t really want to be there any more and want a new start.
I have 8 weeks left on my existing contract and I have been made an offer to work elsewhere on the basis that I can start within the next 2 weeks ……but I have a 4 week notice period written into my contract.

The new client will not wait 4 weeks and I’m not sure how to hand in my notice without it impacting my references and/or my relationship with my existing client.

The client does not deal well with staff handing in their notice (permanent and contract) and always refuse to let people go early, even if they are not working on business critical projects, hence, large number of staff reduce their notice period by lying to them so that they can be released early (stories of deaths in the family, being ill, family issues etc).

I don’t want to be dishonest and make up an excuse to leave but I do see it as fair for me to leave as I have ensured that I have transferred all my knowledge to other members of the team hence, there are no key man dependencies.

I don’t want a face to face conversation with senior management as it’s likely that they will say no and view the resignation as me ‘asking’ to leave early vs. ‘telling them’ that I am leaving.

I was thinking of doing the following;
• As the agent to complete all reference checks prior to me handing in my notice.
• Provide all new contract documentation
• Email resignation to existing client

Any ideas on how best to handle this situation? Have any of you done this before and where there any negative repercussions?

Thank you

You say you dont want to be there any more and start elsewhere. However, this client who you have worked well with and for is unlikely to play ball as you want to leave.

You need to ask yourself why, if you've been a good resource for them why they should be obstructive to you leaving early. Really, it's not your problem that they dont like people leaving.

You say the other client wont wait 4 weeks but you want to join them. So, your options are clear and there's no point pussyfooting about.

You tell your current client you intend leaving to take up this new role. If they dont like it, tough. You tell them you'll work 2 weeks and take 2 weeks leave, get a subbie in for the last two weeks or leave immediately.

Its all well and good wanting to leave on good terms (which we all want to do) but, if you dont want to go back there and they are arsey about you leaving, what have you got to lose? Answer, your new role!

So, look after number 1 as best you can, look after the old client second best if you can but dont worry if you piss them off a little.

If they want to lock you in a room with a manager just say 'sorry but no' and leave it at that.

[TheFaQQer]

I believe notice periods are not actually legally enforceable.

In an employer-employee relationship, that's largely true. To be precise, an unreasonable notice period is not enforceable.

However, since we're talking about a reasonable notice period in a B2B relationship, then it's perfectly enforceable with penalties for breach if the client wanted to go that route.

[VectraMan]

You need to ask yourself why, if you've been a good resource for them why they should be obstructive to you leaving early. Really, it's not your problem that they dont like people leaving.

Clients don't hire contractors for fun, they hire contractors because they have work that needs doing. If they've planned for you being there for a certain amount of time, and doing a certain amount of work, it's entirely reasonable of them to insist you stick to it.

You're breaking the contract. The contract doesn't mean you have to do something, just that you can be sued for damages if you don't. You have to decide if it's worth it.

[Moscow Mule]

As others have said, use your right to substitution. Inform you client that you intend to do this from the date you want to leave.

I've used this as a get out clause with a client previously, they didn't want a sub so we agreed to terminate early.

Asking who they'd like as a sub is a good starting gambit.

If you don't have RoS in your contract, then you'll have to decide how much of a risk breaching the contract is.