Ditching a contract without giving notice

[psychocandy]

First off - please can we try not to let this thread get into an argument about the rights and wrongs of ditching a contract. Also, rights and wrongs of staying/going...

Anyone ever ditched a contract by not using notice period? i.e. invoking MOO or whatever.....

Always seems a bit confusing this notice period idea anyway what with MOO and all that.

Legally speaking, am I right in saying that either client or contractor can ditch at a moments notice and decline to pursue any further work?

I know some on here will spout the old never ditch a contract argument but I believe you've got to look after yourself. And I'm not sure many would stick with the last 2/3 weeks of a dead contract and cough up a decent 6-monther somewhere else.

[TheFaQQer]

Legally speaking, am I right in saying that either client or contractor can ditch at a moments notice and decline to pursue any further work?

As long as there is a correctly worded MOO clause which allows you to refuse work, then you can ditch.

Be prepared for an argument about getting paid, though.

[BolshieBastard]

If you have a MOO clause in your contract, you can use it to decline work.

The agent will bellyache about it as may the client.

You could tell the client you are taking 'holidays' for the last couple of weeks and if \ when they say 'no you arent,' point them to your MOO clause.

[psychocandy]

As long as there is a correctly worded MOO clause which allows you to refuse work, then you can ditch.

Be prepared for an argument about getting paid, though.

Yeh true. I guess the getting paid could be problematic.....

Although not sure how legally invoking a clause in a contract would give them a right to refuse payment.....

Complicated by the fact I guess that if I ditched midway through the month I wouldn't have a signed timesheet at that point. No good quoting the not opted out argument to agent because I dont have a signed timesheet....

Could be interesting I guess. Who do I sue - agency for not paying me even though I have no timesheet or client for not agreeing to sign timesheet for when I was there?

[TheFaQQer]

You could tell the client you are taking 'holidays' for the last couple of weeks and if \ when they say 'no you arent,' point them to your MOO clause.

I think that's the safest way out.

[TheFaQQer]

Although not sure how legally invoking a clause in a contract would give them a right to refuse payment.....

They wouldn't have a right to refuse payment. That may not stop them withholding payment, though, and then you have to chase for it.

Complicated by the fact I guess that if I ditched midway through the month I wouldn't have a signed timesheet at that point. No good quoting the not opted out argument because I dont have a signed timesheet....

Timesheet is irrelevant - as long as you can prove that you did the days / hours that you are invoicing for, then they have to pay. As above, that may be easier said than done.

Could be interesting I guess. Who do I sue - agency for not paying me even though I have no timesheet or client for not agreeing to sign timesheet for when I was there?

Agency. That is who you have the contract with. If you aren't opted out, then whether they get paid or not is none of your concern.

[psychocandy]

If you have a MOO clause in your contract, you can use it to decline work.

The agent will bellyache about it as may the client.

You could tell the client you are taking 'holidays' for the last couple of weeks and if \ when they say 'no you arent,' point them to your MOO clause.

To be honest, I wondered if saying you were ill would be less problematic.....After all, could be genuine.

[northernladuk]

Let's be clear. You can do anything you want as long as you are willing to deal with the fallout without moaning about it. It's your own making so don't exect it to be smooth. No one is going to sue you or take it legal. There will be an almighty bun fight and you will just have to work hard to get your money, which you will get. They cannot not pay it and they know it, but they can be as much of a tit as you (or the person you have in mind) are being. They are only playing you at your own game.

There is also the fact that this could come and bite you late on but again, if you are willing to accept that and deal with it when/if it happens then again it isn't a stopper to what you want to do. I would guess doing it once isn't going to kill you, thinking it is an acceptable thing to do regularly, I would hope, will cost you a lot of money in the long run.

By the same token you aren't really going to sue them either, alot of dunning and letter writing will sort it out. Cut's both ways.

[TheFaQQer]

To be honest, I wondered if saying you were ill would be less problematic.....After all, could be genuine.

I know someone who's done that.

Two contracts in a row, he "broke his leg" to get out. Unfortunately, the same person replaced him on both gigs, so word got out

Don't do it too often, don't make it something too obvious.

[northernladuk]

To be honest, I wondered if saying you were ill would be less problematic.....After all, could be genuine.

IMO this is even worse. They will know you are lying which is another black mark. If you are going to bail for a reason at least man up and be honest. Some people may actually be able to deal with the fact you are having to change for business/personal reasons, many would do the same. Being a lying slimeball is harder for people to swallow.

Feigning illness is a chickens way out.