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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to be in constant fear I'll be sued?

25 replies

foxton07 · 04/09/2020 19:33

I recently agreed to do some freelance writing work (writing a website and e-learning materials) for a start-up company. I've had horrible vibes from them and now want to quit. I haven't said anything to them but during the last meeting they were complaining how they'd had issues with the previous person and how they simply cannot "start from ground zero again" and I am "being trusted not to quit".

the contract I signed allows for termination from my side with a 10 day notice period, but I'm worried that if I terminate it they could sue me for wasting their time etc... could that happen? I want to just be shot of it but I feel completely enslaved by and beholden to them because of a (perhaps irrational?) fear I would be sued if I walked away.

OP posts:

maybemu · 04/09/2020 19:36

I don't know the law but surely if the contract says you have 10 days and you haven't gone over that then they can't. If you have a bad feeling do it now before it's to late

iano · 04/09/2020 19:36

But if you comply with the terms of the contract how can they sue you for 'wasting their time'.
They agreed to the terms. If they wanted/needed more notice they should have negotiated that.

Original poster

foxton07 · 04/09/2020 19:36

@maybemu Sorry I meant that the contract says I can terminate it if I give them 10 days notice of my intention of doing so

OP posts:

Original poster

foxton07 · 04/09/2020 19:38

@iano Hope you're right. Thanks, it puts my mind at ease. I had been worried they might sue me for additional costs they might incur by my terminating the contract x

OP posts:

iano · 04/09/2020 19:53

On what basis? If they contract doesn't say they can charge you for those costs I cannot see how....
I've never heard of something like that and you can't be the first to terminate a freelance contract.
hopefully an employment lawyer will be along shortly to confirm.

MidnightCitrus · 04/09/2020 19:55

the contract I signed allows for termination from my side with a 10 day notice period Give them 10 notice than

HollowTalk · 04/09/2020 19:57

I would give them notice. Would you feel able to tell them why you wanted to leave?

Justcallmebebes · 04/09/2020 20:12

Hi. I'm a lawyer and if your contract states a 10 day notice period to quit and you give 10 days notice then they have absolutely no recourse

NoIDontWatchLoveIsland · 04/09/2020 20:13

I think you are assuming that because they are a "company" and you are an individual, they somehow have more power than you.

The law does not work that way. Contract terms are binding, ambiguous terms in a contract are generally taken in favour of the party who didnt draft it (in this case I would guess you?). Read your contract carefully.

VintageStitchers · 04/09/2020 20:14

Who’s lawyer wrote up the contract?
If you’re self employed presumably you provide a standard contract for your terms of business?

There’s no point asking randoms to advise you when a) they are not lawyers and b) they haven’t actually read the contract.

category12 · 04/09/2020 20:45

If you're that worried, go and speak to a lawyer.

ThePlantsitter · 04/09/2020 20:48

Is it worth analysing the horrible vibes? What exactly is the company doing? As a freelancer who can give 9 days notice you could do a power move and tell them exactly what the problem is and this is why they keep losing people? Might improve things.

monkeyonthetable · 04/09/2020 21:12

Why do you want to quit? That's relevant. Someone else quit and now you want to. They must be mis-handling the brief to you.

Tbh, I recently promised myself I would never do any copywriting for a small firm again. They give no direction, don't understand TOV, demand everything yesterday and then don't reply for two weeks, ignore messages asking for essential factual info that you have to incorporate then wonder why you haven't finished the job in half an hour. It's thankless work and always more stressful than the money warrants.

BIWI · 04/09/2020 21:18

If you have a contract stating you can give 10 days notice, then this is fine. This is all you need to do.

Can I say (gently) that if you're this anxious about freelancing that, perhaps, it's not for you?

HandsDownRoundTheTown · 04/09/2020 21:37

You can of course give notice and walk away at the end of 10 days as others have said. However, if you want to continue in the role I would have a word with who ever organises your tasks / you report into and say you’re uncomfortable with the tone of conversations and can they please be absolutely clear in expectations. You can reiterate then that this is a contracting role for you and you have taken it on on the basis of 10 days notice as per your contract. If you don’t speak up they will play on your guilt and silence.

BlackSwan · 04/09/2020 21:45

Anyone giving you advice on a contract without reading it is either not a lawyer or a terrible one.

You need to read the whole contract to work out what the consequences of termination are before you give notice.

BluntAndToThePoint80 · 04/09/2020 21:55

I agree with @BlackSwan.

You might be able to terminate on 10 days notice, but the contract could contain provisions for compensation if you do. Read the whole thing and speak to a solicitor if necessary (and I say that as a solicitor).

BrightYellowDaffodil · 04/09/2020 21:58

The contract is king here. If you can give 10 days notice to walk away then there is no way for the company to claim for any damages unless the contract provides for this.

Pobblebonk · 04/09/2020 22:10

hopefully an employment lawyer will be along shortly to confirm.

As OP is self-employed, she needs a commercial lawyer rather than an employment lawyer. OP, if you want reliable advice you would have to quote at least the entire clause.

Ditheringdooley · 04/09/2020 22:18

Just quoting a clause isn’t going to be helpful.

Do you have home insurance which might cover legal advice? That would be a good starting point. Or are you a member of an association that might offer guidance?

The starting point is read your contract. You won’t know about implied terms etc but you can read a document and understand what it means- have you read it through fully? Trust yourself on your interpretation rather than people on here (if you can’t get actual legal advice).

agododopushpineapple · 04/09/2020 22:27

I’m a freelancer and trust me - if you have bad vibes - quit.
I’m a bit unsure about your contract - as usually it’s clients signing mine and not the other way around.

agododopushpineapple · 04/09/2020 22:28

Also - trust me - no one is going to go to the trouble of court for some content.

DopamineHits · 04/09/2020 22:37

If they cannot start from square ones again, they will need to learn to respect the people they work with. All you owe them is what's in the contract you signed.

Supersimkin2 · 04/09/2020 22:43

If you've got bad vibes, quit now. Badmouthing the previous occupant - who bolted, wonder why - is not a good sign.

CaptainNelson · 04/09/2020 23:16

I work for a small company where we employ a lot of freelance consultants. They can all quit at any point; rarely do they, as they know we probably wouldn't use them again (unless it was something like illness or family illness, etc). If someone was very unhappy about how we were treating them, we'd like to know. Without seeing your contract it's impossible to comment, but I very much doubt they would have any recourse if you follow the terms of the contract. I'd agree with the PP that you should give them clear reasons why.
Just to counterbalance what monkey said, we try to always be really responsive, to give really clear guidance and support everyone who works for us. We rarely lose a consultant.

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