Where do I stand (legally)?

**The Agents View** · 10 May 2011, 14:47

Originally posted by firehawk View Post

Well, I was told I had the job/contract and they were sorting out start dates/payment terms.
I found out through another agency who actually has the "right" or "ownership" of the client/account that whilst I did have an interview, there was no offer ever made to anyone at all.

So basically, the original agency lied about it. yesterday they blagged their way out of it saying that there was some techincal problem where the client thought they had a need for a contractor for one of their projects hence why they were looking but after re-evaluting their needs they dont need anyone.

So I had an offer (through the agency) and got taken back. I had to turn down the other 2 offers for this one because the money and job was good.

Do I have any legal grounds to stand on in terms of loss of earnings and the fact that the agency LIED about it?

Many thanks

Can you prove it, in a legal way, beyond doubt?

If yes - then maybe. If you can't, then you need to suck it up and get on with finding another contract.

**jmo21** · 10 May 2011, 14:47

I assume you interviewed with the end client?

What if the "other" agency is lying.

How can you prove which of the 2 is lying.

The answers to those questions will help towards knowing whether you can sue anyone.

**firehawk** · 10 May 2011, 15:01

yes I have proof for both. the fact that one agency told me the whole story and he has emailed me about it in addition to speaking about it. as for the original agency, yes, I also have that proof that the offer was allegedly given.

**LisaContractorUmbrella** · 10 May 2011, 15:13

What do you have in writing Firehawk?

**firehawk** · 10 May 2011, 15:20

I have in writing that the client has given me an offer with the daily rate stated. The conversation about negotiating the payment terms was done over the phone and he also confirmed on the phone that I was given the offer.

Another agency, the one who "owns" this client, confirmed the full story and also emailed me about what had happened and that there was no offer given at all as he spoke to the managing director who signs off all the resourcing etc... and contracts.

**northernladuk** · 10 May 2011, 15:40

Lost earnings? Isn't that a permie term? I don't see that you have earned anything to lose.

From what I see no contract was signed, no work was done, no payment due. Nothing lost.

Yes you lost potential billing days but you can't sue for that. Many contracts in business take longer which means the contractor, however large, can't start earning revenue but they can't sue the people offering the contract either.

Chalk it up to experience and continue to apply for work.

**firehawk** · 10 May 2011, 15:41

wow. the rudeness of people and not willing to understand at all. no wonder people like you give a bad name to contractors.

**Flubster** · 10 May 2011, 15:48

Originally posted by firehawk View Post

wow. the rudeness of people and not willing to understand at all. no wonder people like you give a bad name to contractors.

You sound just like my missus. Just becasue you don't like the answer, doesn't mean it's rudeness on our part. Them's the facts.

Even if you'd signed a contract, unless you had actually delivered some work, there's no loss of earnings.

**northernladuk** · 10 May 2011, 15:50

Originally posted by firehawk View Post

wow. the rudeness of people and not willing to understand at all. no wonder people like you give a bad name to contractors.

Usually when people accuse me of that it is normally true but reading back I have just stated cold hard facts. I don't see I have been rude in this case (surprising at it may seem). A bit blunt maybe but thats all.

You are a contractor trying to get business in terms of a contract. Until the ink has dried on the paper and is in the hands of both parties you have nothing, nadda, zip. It is as black and white as that sorry, I could give it you in fluffy cotten wool if you want with a couple of hug emotes and some <sympathy> tags if it helps. Facts don't change.

As you started flinging the pies I would say it is contractors that don't understand contracts and the way we work that give us a bad name.

Where do I stand (legally)?