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Legal threat from last client...

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    Legal threat from last client...

    Received today...

    I'm going to quote a couple of portions....

    Yesterday, we arranged with AGENCY, on a without prejudice basis, reserving all our rights, that you would return to work out a 2 week notice period, commencing today. This would have assisted us to minimise the losses and damage we have sustained as a result of your acts and omissions. You have failed to turn up today for work.
    The contract expired. I told AGENCY that I would not renew and they agreed, based on the client's reputation versus mine. I did not agree to any extension or sign any paperwork. They made no such arrangement with the agency.

    Breaching NDAs is a very serious matter. Using the Intellectual Property belonging to XXXXXX is a criminal offence. I am prepared to give you a final opportunity to comply with the requests set out in the letter dated 18 October 2006, and repeated above: I would ask that you do so by close of business on Friday 27 October 2006. Should you not do so, you leave us no option but to draw adverse inferences from your conduct with respect to your misuse of our property, and we will take all necessary steps to protect our company, its property and its business operations. We will also notify all IT Recruitment Firms that you cannot be trusted to comply with an NDA.
    All property (1x keyfob!) has been returned and the NDA adhered to! Is this even remotely acceptable?

    Bear in mind, the legal rep and one of the directors of the company turned up on my door step to intimidate me into renewing a couple of weeks back.

    This is the dark side of contracting - the crappy client!
    Serving religion with the contempt it deserves...

    #2
    Legal advice

    Get legal advice - PCG?

    Sounds like they are going to make your life hell as you won't do as you were told.

    Comment


      #3
      Ironically I did do as I was told - I just decided not to renew when the contract expired.
      Serving religion with the contempt it deserves...

      Comment


        #4
        I would use the words

        "Mmmm. I am not under contract. I owe you nothing. F-ck you"
        What happens in General, stays in General.
        You know what they say about assumptions!

        Comment


          #5
          Originally posted by TheMonkey
          Breaching NDAs is a very serious matter. Using the Intellectual Property belonging to XXXXXX is a criminal offence.
          Monkey, is there more to this than you're telling us?

          If not, flick 'em the bird via a solictor's letter in which you will also point out that any attempt to "notify all IT Recruitment Firms that you cannot be trusted to comply with an NDA" will be met with a libel charge through the courts.

          Comment


            #6
            Originally posted by TheMonkey
            The contract expired. I told AGENCY that I would not renew and they agreed, based on the client's reputation versus mine.
            I'm vaguely curious. How do you mean, they agreed? Did you ask them or tell them?

            What has the client's reputation, or yours, go to do with them "agreeing"?

            Is there more to this than meets the eye?

            Comment


              #7
              Originally posted by expat
              I'm vaguely curious.
              So am I

              Originally posted by expat
              Is there more to this than meets the eye?
              Presumably. How many clients do you know that get umpty when a contractor leaves at end of contract? Most are like MF's example elsewhere of "you just pack up your things and leave"

              tim

              Comment


                #8
                Get proper legal advice right now - most likely they bluff, but you need to be sure and fight it off at the early stage to prevent them from thinking that you are an easy target who would break if they file lawsuit.

                Assuming you did not breach NDA and/or used their IP, then it is just a contract dispute in which it seems you should keep an upper hand as effectively the agency renewed your contract without your agreement, so it is really a problem of agency and client rather than yours.

                Write down all the facts on paper (including dates, whether you have emails telling agency you won't renew and their response confirming that) and call solicitor.

                Comment


                  #9
                  In a totally unrelated case, I asked my solicitor what the phase ‘without prejudice’ meant and he said that it could not be used in court and they know it. So it would be best to get proper legal advice but I suspect they will tell you to tell them to shove it.
                  Drivel is my speciality

                  Comment


                    #10
                    Originally posted by TheMonkey
                    Bear in mind, the legal rep and one of the directors of the company turned up on my door step to intimidate me into renewing a couple of weeks back.
                    OPTION A: Send several large mates round to their house.

                    OPTION B: If you are not working elsewhere offer to do the work at an exorbitant rate, or if you had such terms in the (expired) contract find them someone else under your right to substitute clause.
                    Only the mediocre are ever at their best

                    Comment

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