Client gone bust =- should I still get paid?

[monkeygeorge]

Between my agent and the client there are two consultancies, one UK and one overseas. The client has no money to pay the overseas consultancy but I thought I should still get paid for the two week notice period, given that my contract is with my agency.

The agency is saying I shouldn't bill them if they can't get the money from the consultancy but I thought this should be irrelevant because of the two weeks notice in the contract between us.

Am I wrong?

[SueEllen]

Bill them.

If you are opted in then the agency has to pay up. If you are not then the agency doesn't have to pay up until they get the money.

You may get your money back but it's likely you won't.

Then get yourself on jobserve. Be glad that you haven't lost more money than you have.

[Cowboy Bob]

You are opted-in aren't you? They have to pay up then. If not, make this a lesson - ALWAYS opt-in regardless of what the agency says, otherwise you're not guaranteed your money.

[TheBigYinJames]

ALWAYS opt-in regardless of what the agency says

Meanwhile, back in the real world.....

[NotAllThere]

Between my agent and the client there are two consultancies, one UK and one overseas. The client has no money to pay the overseas consultancy but I thought I should still get paid for the two week notice period, given that my contract is with my agency.

The agency is saying I shouldn't bill them if they can't get the money from the consultancy but I thought this should be irrelevant because of the two weeks notice in the contract between us.

Am I wrong?

Technically, you are entitled to bill, but sometimes you have to be pragmatic. Just be glad that you've been paid for the work you've actually done. In times like this, everyone suffers.

In your situation, I'd ask the agency for proof that they haven't been paid, because your agency may bill their client in the chain, and if they get paid (unlikely), you should too. If they can't provide proof, bill. Beyond that, I wouldn't pursue the debt, but if you did and it went to court, you'd get a more favourable hearing from the judge for acting in a slightly reasonable manner.

[Sockpuppet]

Who's the contract with?

If there are two consultancies have a look at the contract. Thier client may have gone bust not yours.

[Turion]

Being opted in counts for nothing. If you can supply timesheets and your client (the consultancy) has not gone bust you should be paid. Unlikely that agency will now pay you until your immediate client pays them though. Good luck and prepare to go legal.

[Cowboy Bob]

Meanwhile, back in the real world.....

You need to grow a pair. They can't force you to opt-out and in the end they always take the commission rather than turn you down. Just stick to your guns.

[TheBigYinJames]

You need to grow a pair.

Haven't been looking in the last couple of months, have you?

[VectraMan]

Being opted in counts for nothing. If you can supply timesheets and your client (the consultancy) has not gone bust you should be paid. Unlikely that agency will now pay you until your immediate client pays them though. Good luck and prepare to go legal.

Yes but he's talking about the notice period. It falls into that slightly grey area of whether you should be paid for work you haven't done (and so don't have timesheets for) because of the notice period.

If you happened to be going on holiday for those 2 weeks, would the agent still have to pay you for the notice period? Ordinarily they wouldn't pay you if you went on holiday, so it would seem perverse if they did have to pay you for a notice period when you didn't work and were not available to work.