PMO refusing to sign off time sheets despite evidence

[Woody80968]

I'm in a similar situation to this, I've submitted my time sheets for my last month and the client is refusing all but 7 days of the month.

When the agency asked for evidence as to why they wouldn't sign my last months time sheets (online), they provided flaky information based on database access times, something, which I can easily refute given screen shots which were emailed out to them and that I was tasked with other actions during the days in question (again emails to support)

I'm now stuck, the agency despite asking for "Their evidence" didn't send through the information for weeks, I couldn't argue against something I didn't have access to, once I had a copy of the excel sheet, within 5 mins I'd found sufficent evidence to dismiss their findings, but, the damage is now done, I believe that the agency has annoyed the client so much that even if I was to provide CCTV footage of me, they'd still say no, we're at "fingers in ears, saying na na na, and shaking head" stage...

I've contacted my point of contact at the agency to ask if they would use me in the future, they wont reply to email or phone.

Should I consider this bridge burned and start legal against the agency?

I'm also worried about my reputation as I work in a very specialised market and this was a fairly big implementation. The PMO (a contractor himself) who is refusing to sign off has already had assistance from the main companies staff to retrieve database access times, and, I've heard from old friends who are still there that it has been brought up in team meetings, he has been telling other contractors not to make contact with myself regarding my work. Does this count as libel as despite evidence to the contrary, he is telling people I didn't work for the first 7 days of the month... the market I work in is very much reputation driven as I think all contractors are, I believe what he is doing is destroying me and my work history which has taken 15+ years to achieve.

Any help would be useful

Thank you

[SueEllen]

Send a registered mail letter ending with the threat of legal action to a named director of the agency. Give them a timescale to respond. (Registered mail is next day while recorded delivery is anything from 1-3 days.)

You can't just start legal action after a few emails and phone calls if they didn't respond as they will claim they didn't get them.

After this timescale start Dunning sending letters to that director.

BTW unless you can get a signed statement from someone on site all what you are hearing is hearsay and has no bearing on your case for non-payment.

The client has to clearly say why they are not paying you through the agency.

I've had one client try not to pay me probably because I turned down there extension. However I could prove I did the work so they paid up. They then claimed they cancelled my contract!

[GB9]

On a general note, you don't need to have a contract with someone to sue them.

In this instance the OP should take all the advice provided previously and initially go after the agency. The non opted out status sounds easiest.

Personally I would also contact the end client's legal team and tell them what has happened and that unless it is sorted pdq there is whole tulipe storm coming their way.

I get the feeling that a lot of agencies and clients get away with this through people either losing the will, or not wanting to upset the agency. Why would you want to work through an agency that doesn't pay you for 2 weeks out of 8?

To the OP: If you are happy that you did a correct job then go get your due payment and make everyone's life hell until it's in the bank.

And why all contractors don't have legal cover for this is beyond me. It costs little and from experience, works wonders.

[missinggreenfields]

On a general note, you don't need to have a contract with someone to sue them.

You do if you want to complain about a breach of contract though. It's not like the poster found a snail in a bottle of ginger beer though.

[GB9]

You do if you want to complain about a breach of contract though. It's not like the poster found a snail in a bottle of ginger beer though.

Find a commercial contract lawyer. They will find a way to sue for loss.

[psychocandy]

OP - So any idea why the client started playing funny buggers? Did you upset them at all? Or was this this the last month of the gig (which may explain it)?

During this time were you on site or working remotely?

Same as others. I'd kick off the legal stuff on this one. Even if I didn't win - just to wind them up and cause hassle.

One final thing - Is there any way, or even a shred of truth, that you did not work these days? Be honest.

[BrilloPad]

What makes you think the agency annoyed the client?

[psychocandy]

What makes you think the agency annoyed the client?

Meant OP annoyed client. i.e. why did they decide not to sign the timesheets? Any background etc.

[Safe Collections]

If you are 100% satisfied that the end client's claims are baseless and you fulfilled your contractual obligations then we would echo SueEllens advice and encourage you to start pushing the agency for payment.

Even without a signed time sheet from the end client you likely still have a contractual claim for payment. We would suggest you review the contract again to ensure it is free of any sneaky clauses that may cause an issue, specifically any clause linking payment to receipt of funds from the end client or the like.

Then if you haven't already raised a formal invoice do so and send it to the agency by email and registered post. Follow this up with regular calls and further demand letters and make sure the agency know you aren't simply going to accept the loss and walk away.

You can get some basic template letters from here and if the still refuse to play ball you can then look to bring in outside help in the form of a reputable debt collection company or commercial litigation solicitor.

As for the libel question, whilst we appreciate you feel your reputation is potentially being damaged it will have no bearing on your claim for non-payment and pursuing it (or threatening to do so) may do more harm than good in this case.

[m0n1k3r]

Meant OP annoyed client. i.e. why did they decide not to sign the timesheets? Any background etc.

Because they are dishonest? Annoyance is not a valid reason for not signing timesheets. The only valid reason ever is if it contains time that has in fact not been spent.