Cancelling a contract early

[jayken]

Hi, just accepted a 6 month contract with a recruiter, but am still keeping myself in the market to prepare for my post contract job.

My family has suggested that if one of the employers I'm interviewing with were to offer me a permanent position now rather than later, that I should basically look out for myself and take it. Opinions?

 

[TheTick]

You can go anywhere else at any time. What you can't do is accept a permanent position with the firm employing you under contract without some sort of buyout.

 

[sundale]

Umm, maybe ask a lawyer and not a bunch of engineers about contractual law?

 

[jayken]

Tick, what you said jives with what the non-engineer types have said in my family. Why I ask is because the suggestion flies in the face of the term "contract", but it may simply mean here that it is not a permanent position and limited to 6 months. If someone else had ditched their contract in favor of a better offer, that would give me reason to believe I could do the same.

 

[ewh]

If this is a typical job shop, the only negative for you is probably that they won't be willing to place you anywhere in the future. All of the contracts that I have worked were non-binding in regards to the amount of time the position would last, and the contract length was usually just an estimate. Either party could terminate the job at any time at their discretion.

Believe it if you need it or leave it if you dare. - [small]Robert Hunter[/small]

 

[jmw]

Never assume that your situation is unique. On that basis you should probably expect that this sort of thing probably occurs all the time.
Ergo, the agency that placed you probably has a standard procedure for dealing with this. At a guess, they convert their fees to match those for finding permanent staff. In fact, they may even help you negotiate a better deal for yourself than you will do on your on because their fe will be based on this.
What can they say?
Of course, if you don't like what they say then you can get a lawyer. Try and do it the wrong way and you may need a lawyer.

JMW

http://www.ViscoAnalyser.com

 

[GregLamberson]

Look at your consulting contract, there should be a notice for termination, 30 days notice or similar. That's the 1st issue, the 2nd is there may exist an agreement between the employer & the recruiting firm that does not allow "poaching" - I would run that by the employer (not the recruiter) and see what is in place, if there are any work arounds and go from there. Look out for yourself, no one else will.

Greg Lamberson, BS, MBA
Consultant - Upstream Energy
Website:

http://www.oil-gas-consulting.com

 

[civilperson]

Recruiter contracts are "at will" for both parties and may be terminated at any time. The family's advice is good, but you will make much more money as a contact engineer than as a permanent employee and permanent employees get laid off also.

 

[TheTick]

You could always read the fine print. The contract is between the contract firm and the client/workplace.

In certain fields, there is better money and more security in contract work. If you are young and healthy, getting your own health insurance is not expensive. Better still marry someone w/ benefits!

 

[GregLamberson]

civilperson

Not always true, some recruiter contracts are at will, but not all - don't take it (or anything) for granted, always check your contract.

Greg Lamberson, BS, MBA
Consultant - Upstream Energy
Website:

http://www.oil-gas-consulting.com

 

[KENAT]

My current position started as a contract job. They liked me and wanted to make me permanent after a few months. My contract, and the one between firm and agency, basically meant they had to buy me out of my contract with the agency to hire me direct.

Cost them several $1000 apparantly but was cheaper then having me as a contractor to the end of the year when they could have hired me without a fee to the agency.

KENAT, probably the least qualified checker you'll ever meet...

 

[civilperson]

Greg Lamberson,
Please post an example of a contract that is not "at will", I am curious of the wording used since the worst provision I have ever signed due to early leaving was return of hiring bonus.

 

[GregLamberson]

civilperson:

My statement was in regards to a notification period of termination and to your note saying they could be terminated at "any time". Yes, most employement/consulting contracts can be terminated for any reason by either party WITH notification as per the agreement. Below are clauses cut & pasted from the last 2 I've been involved with.

Without a termination clause containing a notification period, you could arrive at work and be told that's it, go home. It works to protect both sides. This is generally the case, except of course for cause.

In Jeremykim's case, he can accept another position, but will need to make sure he coordinates his start date with his new employer with the termination clause's notification period in his contract. But also, as pointed out above, needs to assure there are no agreements that may be involved that would preclude his future enmployer from hiring him for a certain period of time. That is becoming more prevelant in the oil & gas industry, where there is allot of "poaching" due to an extreme lack of qualified personnel.

5. Term Contract - This agreement constitutes a term contract under which Contractor was selected by Principle and ___ to perform work as described herein for the duration of the __________ Project. This agreement shall remain in effect for duration of the project. This and other term contracts written on contractor’s behalf for this project will begin from effective date and shall remain in force thereafter until terminated by either party hereto giving the other party written notice of termination at least fourteen (14) days prior to the effective date of termination.

17. Termination:
Either party may terminate this Agreement at any time and for any reason upon occurrence of any of the following events: (i) fourteen (14) days prior written notice, (ii) death of either party, (iii) physical disability of Consultant, or (iv) satisfactory completion of the work assignment.


Greg Lamberson, BS, MBA
Consultant - Upstream Energy
Website:

http://www.oil-gas-consulting.com

 

[KENAT]

Greg, I can't find my contract from when I was thru the job shop right now but as I recall there was no notification period on my contract. So yes, I could have driven the 215 miles to work from home and been told that's it, go home.

In fact I think that's been the case with all the jobs I've had so far in the US including direct, they were At Will with no agreed notification period.

KENAT, probably the least qualified checker you'll ever meet...

 

[GregLamberson]

KENAT

Wow, I don't recall seeing one without it. I've looked back at quite a few other contracts I've had from previous companies. Maybe it's the industry? In oil & gas, 14 days is the least (which is what was contained in the last 2 I've signed) and as much as 30 days.

I stand corrected on the "at will" and with "no notification" - can I chalk it up to differences in the industries? That's more palatable than simple lack of a broader knowledge.

Greg Lamberson, BS, MBA
Consultant - Upstream Energy
Website:

http://www.oil-gas-consulting.com

 

[KENAT]

In practice, at least for direct employees, my current place does normally give 2 weeks (usually as severence, i.e. you get marched out as soon as you're canned) but it's not in the contract as best I recal (don't have it to hand).

Might be the industry, could I suppose be the size of company? Colleagues who've worked at some of the big defense places here in the US did have notifications etc. in their contracts there I believe. However, not here in industrial/scientific metrology equipment.

Then again, maybe I'm just not good enough to warrant it!;-)

Trust me coming from the UK it was a bit of a shock!

KENAT, probably the least qualified checker you'll ever meet...

 

[ewh]

Working short contracts over a ten year period through different job shops (only one approaching oil & gas at a sub-sea well head manufacturer), none of my contracts contained a stated notification period. Yes, it could (and I have seen it) happen that someone arrives to start work and are told to "go home, jobs gone". No security, but good pay.
Even without such a clause in the contract, giving two weeks notice when possible is always good practice (unless you know that you will never want to work for that client or job shop again ).

Believe it if you need it or leave it if you dare. - [small]Robert Hunter[/small]