Extension of contractual work

Q: Hi! I would like to ask an urgent question regarding my separation from a former employer.

My former employer hired me for a per-project basis for six months. At the end of that period, the company extended my contract for one more month. During that time, I did express my desire to leave the company after the extension. In the turnover period, I passed final documentation regarding the project. At the last day, I submitted the clearance form to my immediate superior and repeated my intention not to continue working with them. The next few weeks, they contacted me a few times asking for another extension for two months. I refused. Now they want me back for just a few days, claiming that my turnover was not an "official turnover", and that I should do new tasks that were given to them by the client after I had left. I am surprised at this. I fel that I have no more obligation to do any work for them nor do another turnover.

Is what they are asking of me legal and correct? Do I need legal counsel for this? I am trying to find another job now and trying to close this chapter of my life with them but they are making it difficult. Please help! I need to finish this before going to another job.

Regards,
Maricris R.

Dear M.,

Your core issue is: are you under any obligation to have your contract extended?

Please review your six-month contract and contract extension for your deliverables and the terms under which either party can extend or terminate a contract. Your deliverables should clearly state the specific product or service you should have accomplished by the end of the contract period. If your contract was extended because the project was not yet finished by circumstances under your control, then you are under obligation to complete the project. If, however, you have finished the project, and they want you to do “new tasks,” this must be covered by another project contract and not an extension. You are not obligated to sign a new contract.

Also, your contract should have stated what constitutes an “official turnover.” If there is no such definition, then the “traditional” turnover will suffice in which the final project documentation is submitted to your employer or client. This means you shall have sat down with your employer or his representative - in this case, your supervisor. You will have briefed this person on your findings, recommendations and next steps and all other deliverables stated in your contract. I suggest you keep copies of all documentation for this project.

All contracts are agreements entered into voluntarily by two parties. No one can force you to extend. Also, do you really need to solicit a clearance from your “employer?” If you are a contract employee, yes, that would be nice to have, but not necessary for future employment. If you are a supplier/consultant, no such clearance is needed, only proof of services having been delivered.

At any rate, just tell your former employer nicely that you can no longer accept any assignments as you are currently engaged - by whom, you are not obligated to say.

Finally, most important, consult a labor lawyer with whom you could extensively discuss the facts of your case.

Yours,

Ina Teves

[Ina Teves is an organizational development consultant with a change management firm dedicated to making a difference wherever it goes by journeying with the client through the entire process of organizational transformation. Email your questions to inateves@pacific.net.ph]