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Company changing my contract end date

  • 08-11-2006 12:51pm
    #1
    Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭


    I have been working a short-term contract which was due to end on Friday week, however it was then changed to end this coming Friday.

    I've accepted a new (permanent) job that's starting on this Monday. I just got a call from the agency (i'm off sick) who said they want me to work next week. I explained this was impossible and he said they "could" take legal action against me for breaking my contract, and that I would be 'setting my career back' because they're in so many companies.

    TBH I have no desire to contract again so I don't care if don't work for them again, I also never signed and returned my contract to the agency, and I have an email showing I was rostered up until the end of this week and no further.

    Does anyone have any advice?


Comments

  • Registered Users, Registered Users 2 Posts: 22,818 ✭✭✭✭The Hill Billy


    eth0_ - This may be a "teach grandmother to suck eggs" - but there are normally two contracts in place in a situation like this. One between you & the agency & another between the company & the agency.
    I presume that the contract to which you refer is the one that you have signed with the agency? In that case - as you have not signed up to any work beyond this Friday, I can't see what the issue is or what legal action the company could take against you.
    Check your contract because I doubt very much that you have a contract directly with the company.

    As for advice - Explain to the agency that there is no contract obliging you to work for them beyond this Friday. You are on sick leave - big deal - it does not extend the contract expiry date. If he brings up the issue 'setting my career back' - ask who exactly will be doing the slandering - the agency or the company.



    (As an aside - I'd probably delete the company name from the original post.)


  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    Yes I was given a contract between me and the recruitment agency, I am 'employed' by another tech company, who outsource me to another company where I have actually been working.

    My contract does say:
    "It i acknowledged that the expected start date is only a guide, cannot be guaranteed and may change without notice and without liability to Recruitment Agency, subject to the supplier's performance or at the client's instructions."

    I don't think this is exactly legal...but i'm guessing they haven't a leg to stand on as I never signed the contract...?


  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    Hill Billy wrote:
    as you have not signed up to any work beyond this Friday, I can't see what the issue is or what legal action the company could take against you.

    I just spoke to a friend who has more experience working as a contractor, he said it doesnt matter if i signed the contract or not as I have been working there for weeks and have been paid by then, which assumes I have accepted the terms of the contract.


  • Registered Users, Registered Users 2 Posts: 22,818 ✭✭✭✭The Hill Billy


    I think that I understand - there was no contract signed to begin with, however, as you worked & got paid there was an "understanding" between you & the agency.

    So, who brought forward the end date of the understanding to this Friday & why are the agency/the company bitching about it now? If they had not rostered you beyond Friday they only have themselves to blame.

    There maybe a lesson to be learned here in that signed contracts can protect all parties & may be handy backup if things start to get messy. ;)


  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    The company I am actually working in changed my end date to this Friday (and the recruitment agency rang to confirm this).

    I can understand them extending a contract but I really think they are taking the p*ss telling me this now, they're just being petty. I had even told the guy in the agency last week that I was waiting for confirmation about my new job and he was totally cool about it.


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  • Registered Users, Registered Users 2 Posts: 7,468 ✭✭✭Evil Phil


    eth0_ wrote:
    The company I am actually working in changed my end date to this Friday (and the recruitment agency rang to confirm this).

    I can understand them extending a contract but I really think they are taking the p*ss telling me this now, they're just being petty. I had even told the guy in the agency last week that I was waiting for confirmation about my new job and he was totally cool about it.

    I'm getting fed up dealing with agencies and am considering a return to the permanent work force to avoid them. If the agency confirmed a new end date then they haven't a leg to stand on. Tell them you're leaving this Friday because they changed the end date, it's their own fault.

    At this point I'd only correspond with them in writing so you have a record of what's said. However I'd hazard a guess and say it's more the agent who wants the commision rather than the agency as an organisation. Found out who the agents manager is and speak to that person, if the agent is the manager get a hold of one of the directors and complain to them.


  • Closed Accounts Posts: 2,268 ✭✭✭mountainyman


    Tell them that it isn't possible and tell the company that you are leaving. Correspond with them i writing, PM me the agency name if possible.

    MM


  • Registered Users, Registered Users 2 Posts: 4,276 ✭✭✭damnyanks


    What agency is it? I'm sure people wouldl ike to know which agencies threaten legal action!

    bunch of scum bags. No idea what your legal situation is. Perhaps it may be worth highlighting that you will officially wrok for whatever they want but you wont actually show up. They can't take legal action for you being unrealiable can they?


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    If they took you to court, they wouldn't have a leg to stand on. "Reasonable Notice" is all you have to say to them. 2 days' notice is not reasonable. Tell them where to go.


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