Hi we recently took on an IT contractor at a senior level, he did pass a coding test and was interviewed and discussed technologies we used to see if he was familiar with them, which he said he was.

Upon starting he has been here a week and struggling with the most basic task a junior should be capable of doing, his ticket has been to write literally about 5/10 lines of code and test which he still has not been able to do.

Question: Are we able to dismiss him instantly for none performance? The contract agreement is 1 weeks notice, but

He has also constantly been late, disappears when we do stand up, and refusing to push code at end of day.

  • If you want to know if you can sack this contractor and when, it sounds like you already know the answer, or is there something else you're unsure of? – user34587 Mar 14 '19 at 16:19
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    There is no actual question in your question. What do want us to help you with? – Erik Mar 14 '19 at 16:20
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    You hired an IT contractor to do development? Something's not making sense, here. – Wesley Long Mar 14 '19 at 16:28
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    I think this is a question for your HR or legal team. – Dan Mar 14 '19 at 16:33
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    @user618509 - No, actually, I have two different answers to this question I would post, depending on exactly who was hired. It's not pedantic at all. I'm honestly confused as to what role this person was hired in. I was hoping you'd add clarity. – Wesley Long Mar 14 '19 at 16:45

Unless the person is a threat to your company, you may be in breach of contract by firing him without notice.

What you can usually do instead for the future is put them on 'garden leave'. This is where you tell them not to come into work (can be effective immediately) but you pay them for the rest of their notice period.

For your current situation, you need to review your employment contracts. Most contracts allow for instant dismissal for 'gross misconduct' but you may need some actual proof that they are doing something that constitutes this, ie: you've caught them doing something that harms your company.

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If the contract says one week notice then unless there are exceptional circumstances clauses that would cover poor performance (and as bad as their performance sounds I'd be surprised if there was something that did - none of the contracts I've had would have something applicable in this situation) then you are going to have to give them the one week notice.

You could try negotiating a lesser period as a compromise with them but I wouldn't hold out much hope that you'll get very far with that.

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What does the contract say? Do that. If you breach the contract then you run the risk of being sued for such.

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Depends what the contract says. As noted in other answers, he is on 1 week notice, so your choices are:

  • Dismiss immediately (ie pay for the notice period)
  • Give notice, then make any use of his time that you can (doesn't sound good, based on your description)
  • Talk to him - maybe there are resolvable issues on his part?

Did you engage him directly or through an agency? Most agency contracts have performance related clauses and or misrepresentation (claimed skills).

And you're not "firing" him; he doesn't work for you.

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