firing your agent

[christhecontractor]

does anyone know of a way to get out of your contract with your agency?

After 2 1/2 years I have just found out they are taking a cut of 20% instead of 10% that they said they were then I started. I'm trying to get the rate cut, but i'd prefer to cut them out altogether and go direct to the client.

[ratewhore]

Yeah - get another gig :-)

Failing that, discuss going direct with the client. There may be contractual limitations but hey - anythings possible!!

[The Lone Gunman]

does anyone know of a way to get out of your contract with your agency?

After 2 1/2 years I have just found out they are taking a cut of 20% instead of 10% that they said they were then I started. I'm trying to get the rate cut, but i'd prefer to cut them out altogether and go direct to the client.

Do you have the 10% in writing?
IANAL but they may have commited an offence there. Theft, fraud or deception.

[christhecontractor]

no, unfortunately it's not in writing. I thought the rules had changed over the last couple of years, isn't it easier to get out of your agency contract than it used to be ? - has anyone actually done this without paying vast sums to the agency as compensation ?

[Paddy]

Name and shame

[Lewis]

This happened to me. I found out after 2 months after a chance conversation with client. I told client. They were VERY annoyed and a day later I got a call from pimp saying "good news I've managed to negotiate you a new rate and I was able to persuade them to back date it." . I said thanks and handed in my notice, it was a crap contract anyway. I did get my money thought. I would advise speaking to client, they often have agreed agency cuts and are not happy about agencies ripping people off. At least they might black list the agency.

[meridian]

A point of clarification - it's not your agency. The agency has a client, and guess what? It's not you.

Your contract with the agency is a contract that you were happy to sign at the time, and the rate you were given must have been one you were happy with - are you genuinely unhappy with either your rate or the contract work, or does it just irk that the agency is getting more than you thought? If they had told you 20% at the start, would it have influenced you in any way not to sign the contract?

Be very careful if you decide to approach the client about this; their response may well be that they are comfortable with the rate they are paying the agency and anything that the agency pays you is your problem.

[Lewis]

A point of clarification - it's not your agency. The agency has a client, and guess what? It's not you.

Your contract with the agency is a contract that you were happy to sign at the time, and the rate you were given must have been one you were happy with - are you genuinely unhappy with either your rate or the contract work, or does it just irk that the agency is getting more than you thought? If they had told you 20% at the start, would it have influenced you in any way not to sign the contract?

Be very careful if you decide to approach the client about this; their response may well be that they are comfortable with the rate they are paying the agency and anything that the agency pays you is your problem.

If a client was to react with "It's your problem" when you explain one of their suppliers is dishonest they probably aren't the sort of client you want to do business with. Yes in some respects it isn't their problem but I would be surprised if they were completely unbothered. Afterall the agent may also be lying to them about their fees or something else.

You obviously need to approach it in a professional manner but some clients (certainly investment banks with preferred suppliers etc..) have the agency fee in their contracts. The agent may not be breaking yours but they may be breaking the end clients.

It is also in the client's interest to have a small agency fee as it means they can get better people for less. Although in this case they have you already so it doesn't apply so much. But you get the point, I'm sure they don't want all their contractors (which is potentially the case, now and in the future) being ripped off.

Or if you don't like the contract resign and tell the client why if you like, if they like you then they might step in. There are lots of options depending upon how you get on with the client, how much you value the business blahh blahh.

But I would put up a fight if I was you. Don't let the scumbag get away with it. I'm not sure but can he be considered to be breaking a verbal contract?

Since my experience I get the agency to put down their fee in an email before I start. None have objected to date.

[christhecontractor]

A point of clarification - it's not your agency. The agency has a client, and guess what? It's not you.

Your contract with the agency is a contract that you were happy to sign at the time, and the rate you were given must have been one you were happy with - are you genuinely unhappy with either your rate or the contract work, or does it just irk that the agency is getting more than you thought? If they had told you 20% at the start, would it have influenced you in any way not to sign the contract?

Be very careful if you decide to approach the client about this; their response may well be that they are comfortable with the rate they are paying the agency and anything that the agency pays you is your problem.

yes, you're right - I was happy with the rate, and still am, and I'm happy with the work too - I just don't like the idea of them getting a 5'th of my income for doing nothing at all. I wouldn't have signed if I knew they were taking 20%, I normally check at the start of the contract and question it if it's more than 15%. And of course I am less likely to get a rate raise because as far as the end client is concerned they are paying a fortune for me allready.

I have allready talked to the client about it and they are looking at getting it reduced, but what I would really like to do is kick them out alltogether - is there any legal way to do that ?

[boredsenseless]

If a client was to react with "It's your problem" when you explain one of their suppliers is dishonest they probably aren't the sort of client you want to do business with. Yes in some respects it isn't their problem but I would be surprised if they were completely unbothered. Afterall the agent may also be lying to them about their fees or something else.

I would be hugely surprised if they gave a flying ****. The reason they use agents is so they don't have to deal with mundane employment issues like this. They are more likely to go to the agent and tell them you are being a whinging fool and aske for you to be replaced than they are to be on your side.

You obviously need to approach it in a professional manner but some clients (certainly investment banks with preferred suppliers etc..) have the agency fee in their contracts. The agent may not be breaking yours but they may be breaking the end clients.

I'm almost sure they won't be breaking the end client contract. Even an agent isn't that dense.

It is also in the client's interest to have a small agency fee as it means they can get better people for less. Although in this case they have you already so it doesn't apply so much. But you get the point, I'm sure they don't want all their contractors (which is potentially the case, now and in the future) being ripped off.

No it isn't, the best people go with the best agents, end of discussion. If that agent costs 20% more than the competitor because of margin the client doesn't care if it guarantees quality. You could go to the cheaper alternative but it won't affect your cash in bank since all agency margins a % on-top.

Or if you don't like the contract resign and tell the client why if you like, if they like you then they might step in. There are lots of options depending upon how you get on with the client, how much you value the business blahh blahh.

They aren't going to step in even if you are sleeping with your 'boss' it's too much hassle and procurement won't allow your 'boss' to mess with their careffully crafted recruitment strategy.

But I would put up a fight if I was you. Don't let the scumbag get away with it. I'm not sure but can he be considered to be breaking a verbal contract?

No not really it's his word against yours. Take it to court if you want. I can just imagine it.

Judge : Mr Rich Contractor were you happy with your rate 'in-your-pocket'?

MRC : Yes but he said he'd only charge 10% on top.

Judge : Mr Agent did you say this?

MA : No we always work on 20%!

Judge : Mr Rich, given you agreed a rate 'in-your-pocket' can you tell me what detriment the agents margin has to you?

MRC : (In a quiet voice) None whatsoever sir. Its the principle!

Judge : Stop wasting my time, the door is over there use it!

Since my experience I get the agency to put down their fee in an email before I start. None have objected to date.

Why does it matter, just get the money you want and be happy with it. I can't see how it is in any of our interests to screw agent margins into the ground, it will only put small ones out of business. Therefore limiting choice, the few remaining will realise the contractors have no choice but to use them, so they increase their margin, (and push down contractor rates) and then we are all screwed.