Hey everyone, wondering if you can help me with an issue. I have been working for Infosys on an SAP project via Red Commerce. However, on Monday, I received a phonecall from the recruiter stating that they were terminating my contract on Friday of the same week (this week in fact). Acknowledged this but didn't say it was OK because I know perfectly well that the contract states that 3 weeks must be given by either side for termination. They tried to cite "performance issues". Now there was one dispute which was resolved satisfactorily where I had booked a week of holiday the first week in June and when it arrived they were unaware. This was registered on their system when I started the contract in February and they were told it was there, but they had forgotten and seemed quite pissed. However this issue was discussed and resolved. However in the call they did state "performance reasons" without ever giving any details, nor in my most recent call with the recruitment consultant assigned to me were any such issues raised until then.
I have been emphatic in stating this is a breach of contract and that the terms are unambiguous that 3 weeks notice must be given. There is no provision in the contract regarding raising of grievances or how that could possibly lead to early termination.
However this is not the end of it. As I was trying to handover it becomes clear that a section of the team (based in the US) are not entirely happy about my termination and would like me to work longer to complete work and perform a more detailed handover to my replacement. This would also indicate that my work is most certainly not of such a poor quality to warrant any kind of immediate termination if I have been requested for longer. Contact those responsible internally for clarification and that I do not appreciate their treatment of me or the situation.
This morning rolls around preparing to handover and leave, receive a phonecall at 10am that they've requested an extension. Quite frankly I feel like telling them where to shove it but I didn't want to jeopardise any potential claim I may have to compensation as this extra week would fall within the agreed notice period and then said they would sort out the outstanding week of notice not covered. A few moments ago, received an updated notice regarding termination of the contract but this time for next Friday stating they will not pay me beyond this period - so we are still in a breach of contract situation.
How do I stand legally here? I have been compliant with the request for extra work within the notice period, I acknowledged their original notice given but clearly stated that this does not fulfil their contractual obligations of a 3 week notice. I have thus complied with their request for an extra week but they've still left my high and dry and having to work an extra week with a company I utterly despise. Even if it is just one week missing, where does this leave me legally? There are two options that seem open:
Decline the extra week (although this may be more my anger speaking than a realistic option) as that was the initial notice period and (possibly) forego the next two weeks of possible pay. This may possibly leave me in a position of breach of contract now.
Comply with the extra week which they requested (I verbally agreed on the phone but with the caveat they'd look into the extra week) and pursue legal avenues for the recovery of the outstanding week they have not provided me with work for.
If anyone has any insight into this, I would be most appreciative.
Regards
Rich
I have been emphatic in stating this is a breach of contract and that the terms are unambiguous that 3 weeks notice must be given. There is no provision in the contract regarding raising of grievances or how that could possibly lead to early termination.
However this is not the end of it. As I was trying to handover it becomes clear that a section of the team (based in the US) are not entirely happy about my termination and would like me to work longer to complete work and perform a more detailed handover to my replacement. This would also indicate that my work is most certainly not of such a poor quality to warrant any kind of immediate termination if I have been requested for longer. Contact those responsible internally for clarification and that I do not appreciate their treatment of me or the situation.
This morning rolls around preparing to handover and leave, receive a phonecall at 10am that they've requested an extension. Quite frankly I feel like telling them where to shove it but I didn't want to jeopardise any potential claim I may have to compensation as this extra week would fall within the agreed notice period and then said they would sort out the outstanding week of notice not covered. A few moments ago, received an updated notice regarding termination of the contract but this time for next Friday stating they will not pay me beyond this period - so we are still in a breach of contract situation.
How do I stand legally here? I have been compliant with the request for extra work within the notice period, I acknowledged their original notice given but clearly stated that this does not fulfil their contractual obligations of a 3 week notice. I have thus complied with their request for an extra week but they've still left my high and dry and having to work an extra week with a company I utterly despise. Even if it is just one week missing, where does this leave me legally? There are two options that seem open:
Decline the extra week (although this may be more my anger speaking than a realistic option) as that was the initial notice period and (possibly) forego the next two weeks of possible pay. This may possibly leave me in a position of breach of contract now.
Comply with the extra week which they requested (I verbally agreed on the phone but with the caveat they'd look into the extra week) and pursue legal avenues for the recovery of the outstanding week they have not provided me with work for.
If anyone has any insight into this, I would be most appreciative.
Regards
Rich
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