Agency hasn't paid because I was sick...

[sli_gryn]

here's the story; was working on a contract with a major IB and a 'boutique' agency. Job had been going fine then became very ill (hospital, the whole nine yards). Sent an invoice to my agency for the last week I actually worked. Agency complained that I hadn't kept them informed of my health situation. Informed them have tried to keep in touch but very limited as in hospital (no email, limited phone, etc.). Agency refuses to pay last invoice b/c I 'embarassed' them by not keeping in touch.

further complexity... the contract had run out a month before I had fallen ill, reminded them to renew, all verbal assurances, but they never did. The client was happy with the work and just kept on (I know, big mistake...) in any event, there's no statement in the contract that I had to keep them 'up to the minute' informed of my health; i would've hoped phone calls/emails to the effect of 'not going to be in until next week at the earliest' would have sufficed.

so, folks, any suggestions on how i can get a couple £k's that i'm owed?

(let the slagging ensue...)

[Hex]

Did they pay you at all after your contract ran out?

If they did then there is an implied contract which would be the same as the previous contract in the abscence of any new one.

If they didn't then you may be on tough ground.

[chasingtheaurora]

Suggest that they pay you or you go to the media with it.

[Bluebird]

Issue them with a "reminder" stating payment is overdue - if not paid within 14 days you will take legal action via small claims court.

also tell them you will recover money as well as interest as per the commecial debt act [ or whatever it's called ].

You can bet you're life they billed the client for the time.

see this article - about half way down

http://www.journalism.co.uk/12/articles/51656.php

[TheFaQQer]

By continuing to work there, and allow you to work there, there is an implied contract between your company and the agency, and the agency and the client.

If you have contacts with the client, see whether they have been charged for your time, or if they have a problem with it.

Invoice again, with reminder of the payment terms, and when it's late, charge them interest and compensation.

Finally - did you opt out of the agency regulations? If you didn't opt out before you were introduced to the client, then they legally have to pay you for your time, whether they get paid or not. If they aren't happy with your work, then they would need to sue you to get the money back.

[TheFaQQer]

Issue them with a "reminder" stating payment is overdue - if not paid within 14 days you will take legal action via small claims court.

also tell them you will recover money as well as interest as per the commecial debt act [ or whatever it's called ].

You can bet you're life they billed the client for the time.

see this article - about half way down

http://www.journalism.co.uk/12/articles/51656.php

Have a look at http://www.payontime.co.uk too

[sli_gryn]

thanks for all the responses, gents...

yes, they did pay me between the contract expiry and this incident...

they claim, (in an email after I raised the subject) that they were not paid by the client and that the client was seeking compensation from them for a replacement person for me and that's why they weren't going to pay me (because of 'embarassement')

further complication is that there's a jurisdiction issue; agency and my co. is UK, work site is US. (am now back in the UK and still unwell)

i'll have a look at the links and will send the invoice again w/ the suggestions, but any further thoughts?

[chasingtheaurora]

The US? The most litigious society on the planet? Soldier on.

[TheFaQQer]

thanks for all the responses, gents...

yes, they did pay me between the contract expiry and this incident...

they claim, (in an email after I raised the subject) that they were not paid by the client and that the client was seeking compensation from them for a replacement person for me and that's why they weren't going to pay me (because of 'embarassement')

further complication is that there's a jurisdiction issue; agency and my co. is UK, work site is US. (am now back in the UK and still unwell)

i'll have a look at the links and will send the invoice again w/ the suggestions, but any further thoughts?

Did you opt out?

Your contract is with the agency - usually it will say something like "This contact is governed by the Law of England and Wales". If it doesn't, then the jurisdiction is the law of England and Wales unless you can agree to have it elsewhere.

There is probably a clause in the contract that says that they only have to pay you if they get payment from the client, which is where opting in is important.

[sli_gryn]

well, invoiced them again, lets see what the response is...

in terms of opting in/out, i'm pretty sure i opted out (another strike against me), but have reviewed the contract and there's no stipulation that they must be paid first.

now here's another twist, the contract states that they'll pay upon receiving a signed timesheet and invoice. the last timesheet, (for the outstanding invoice) was not emailed back to the agency (only my client email account). of course, i don't have access to this any more. i've requested the client fwd me a copy of the authorization email to my personal account, but nothing yet.

*sigh* am not well and really don't need this stress... bl00dy agencies... (yes, yes, poor me, whinge whinge...)