Is it possible to fire my agent?

**Fred Bloggs** · 28 September 2010, 13:27

You may have signed away the option of doing that in your contract. Sometimes there is a clause about returning directly or via another agency. The only time I switched agencies was when (a very, very big) client co decided to put all its contractors through a single agency and we all got switched.

**northernladuk** · 28 September 2010, 13:37

It is likely there will be a clause in your contract about working back with the client direct or with another agency, or should I say about not doing it.

Trying to get out of these is very difficult and I remember from some posters they had this argument and in the end walked as it was too difficult. Situations were different but the agent held them to this clause and cause a rumpus that the client wasn't willing to get involved in.

You could of course make the client aware under the guise of feedback about suppliers. If the agent is doing such a naff job and potentially losing the best staff for the client he won't be happy and has the power to do something about it if he so wishes. Problem again is if he switches agent your handcuff clause will probably stop you going with the new agent.

If the agent is the only one on the PSL as well you are fighting an uphill battle unless you can demonstrate to the client the agent is incompetent but again, won't work out well for you.

**richy** · 28 September 2010, 22:35

Originally posted by efinery View Post

I'm an experienced Java contractor, and I'm just coming to the end of my third contract with the same company. There is the offer of plenty more work with the same company, however I'm really not happy with the agency who placed me. Amongst other complaints, such as blatant lies, and taking a more than generous margin (which they don't realise I know), twice they have made serious accounting errors, one caught by my accountant when doing my end of year, and one caught be me which I could easily have overlooked had I not mistrusted them. I find this inexcusable considering I only submit 12 invoices a year. Am I bound to my initial agent if I want to continue with the same company? Does anyone out there have any experience with changing agencies, or have any advice?

Thanks in advance for any help,

Hugh

What does the contract say? Is it your contract, or theirs?

What termination clauses of agents do you have in that contract?

If none, you could try insert one for the next contract period. Then if it's still crap, you can terminate them with no tie in period etc.

I've never managed to ditch an agent. The only benefit is to get a better rate from trying!

**Zippy** · 28 September 2010, 22:49

The end client is not your client - it is the agents. Don't see how you can ditch them and still work for the agents client unless you fancy having a month or two off to see out the handcuff clause (even then you'll end up working through another agent)

**Wanderer** · 29 September 2010, 00:07

Originally posted by efinery View Post

taking a more than generous margin (which they don't realise I know)

First of all, what percentage is their margin? They could reasonably come down to about 7% if you've been there for a year.

1. Ask the client if you can go direct and split the cut they would give the agency 50/50 between the client and yourself. They may say yes or they may get all grumpy and insist that you work through an agency.

2. Tell the agency you know what there cut is and you want more money. If you leave the job then they will have to recruit someone to replace you and since they are probably not on a preferred suppliers list, they may or may not get someone in.

**VectraMan** · 29 September 2010, 08:54

I would talk to the client. They have a lot more power with the agent than you have, and it might get you a better rate / a promise of improving the accounting situation, or possibly even the chance to go direct or use a different agent if the client is prepared to pay them off to keep you. Of course they might also say "off you go then", but that's the risk you take.

**efinery** · 6 October 2010, 13:19

Hi all,

First of all, I'd like to thank you all for your advice. You've been very helpful. I've been busy talking to contacts I've made with the client and they've confirmed what I had already suspected. They empathise with my position, and told me what they pay the agency for me, and I was right in that the agent is taking a cut of just over 21% which is ridiculous. Certain managers have no problem taking me on though another agency, but the contracts team are quite strict, so there seems to be no way around this, unless I wait out the 6 month clause.

So, over the next few days I'm going to negotiate with the agency and put all I've gathered to them. I certainly expect an increase as I've proven myself beyond doubt at the client side, and there are more than enough people would want me back soon.

Thanks again,

Hugh

**Saddo** · 6 October 2010, 15:44

Originally posted by efinery View Post

I was right in that the agent is taking a cut of just over 21% which is ridiculous

On the grand scale of things 21% is not ridiculous - it's quite low with respect to what some agencies will go for. However 21% is still way too high.

I have a general rule that 15% is the figure I start mumbling unkind words about the agency. And even that is too high, but I can live with it.

However these days more client companies are inclined towards stopping agencies taking a big cut. I had one last year where the agent was fixed at 7% for the first contract, then 4% for renewals. The agency couldn't have been making a big killing on those figures, but as it was a BigCo where they could place lots of contractors the numbers must have added up okay.

**MarillionFan** · 6 October 2010, 16:10

It depends strongly on your relationship with the client and their relationship with the supplier.

If the client is willing to take you on directly and the agency has a number of contractors at same place, then there may be an opportunity to negotiate or for the client to leverage the situation.

Alternatively, colluding with a client to go and work for them directly saving then 10% and you gaining 10% by taking the agent out of the way only works if the agent doesn't find out or their relationship is weak.

I have gone direct on at least three occassions I can think of. Once by not telling the agency, once by paying a release fee and once by getting the client to tell the agent to clear off due to poor service. All three worked at the time.

Is it possible to fire my agent?