HELP!, agent threatening to take legal action over notice period.

[ChristinaO]

As Sue Ellen say. Get agreement/written confirmation from the client.

Then (2) - Point out to the agent that he's entitiled to the commission on two weeks and then tell the agent to take a running jump and you'll see him in court(as he's so young, suggest he brings his mum).

Also, you're going to have to realise that you're most likely not going to get paid for the last week, but as you've moved on to a much better rate/position that's going to be the trade off.

Move on.

Actually, he wasn't going to invoice this week in any case out of courtesy.

[ChristinaO]

[I]Even though your husband did not sign a contract he would still be in breach and the agency would have grounds to take legal action; they offered a position to your husband which he accepted and now he has reneged on the deal; it would be like you hiring a kitchen fitter and him leaving it half finished because a better paying job came along[/I]

Thanks that was entirely unhelpful and argumentative!

[ChristinaO]

I would say that was deliberately messing them about. Let me see what is worse, bad agency or bad contractor giving us all a bad name?

Oh don't be dramatic, that's absurd

[psychocandy]

It wasn't deliberately messing them about. The client was incredibly happy with his work and quite understood the circumstance. It's not for our own gain, you do realise there is a very tough market out there. In any case, with both jobs he was approached by agents and he did say at the beginning of the bad contract that this was more than 100% less that he was used to getting paid and he wouldn't want to stay long. The agency kept pushing and frankly, if you are going to lose your house, I trust you would do the same. He has given 2 weeks notice which is reasonable, please do not forget we are not permenant employees and therefore, a 28 day notice period is ridiculous. If the client is happy to let him go then why can't the agent. It's simply opportunistic.

Oh and the agency is horrific for other reasons, i.e. never paying him, not managing the contract properly. Thinking that this crap contract is a piece of gold... messing them about and frankly, the agent mus be about 19 and is new to the game.

I can see your point but if he started work on the contract (i.e. accepted it by default) then the notice period is 28 days. Are you saying now the agency should accept 14 days and suck it up? I can see why they aint happy.

Personally, Id have given 28 days, worked 14 then phoned in sick. LOL. Less hassle.

[SueEllen]

I can see your point but if he started work on the contract (i.e. accepted it by default) then the notice period is 28 days. Are you saying now the agency should accept 14 days and suck it up? I can see why they aint happy.

Personally, Id have given 28 days, worked 14 then phoned in sick. LOL. Less hassle.

And if they queried it got a GP's note.

[psychocandy]

Not saying that I dont disagree with some of the things this young lady has said but, honestly, say you were on the bench for a while and a low paying contract came up.

Would you really not take it just in case a better one came up?

Or would you take and see if there was any scope for notice period if something better came up?

hmmmmm....

[northernladuk]

I can see your point but if he started work on the contract (i.e. accepted it by default) then the notice period is 28 days. Are you saying now the agency should accept 14 days and suck it up? I can see why they aint happy.

Personally, Id have given 28 days, worked 14 then phoned in sick. LOL. Less hassle.

Is it any wonder permie hate contractors. It is hardly any wonder they try and screw us over, we don't help ourselves do we.

[NotAllThere]

While I'm with northernladuk when it comes to honouring contracts, can we please not let this thread be derailed into an ethical discussion, nor a . The points have been well made I feel.

[MarillionFan]

While I'm with northernladuk when it comes to honouring contracts, can we please not let this thread be derailed into an ethical discussion, nor a . The points have been well made I feel.

WNS

Ethics and contractors don't go together. Please keep them separate.

[ChristinaO]

While I'm with northernladuk when it comes to honouring contracts, can we please not let this thread be derailed into an ethical discussion, nor a . The points have been well made I feel.

As do I! Thank you very much for your help everyone. He is offering a margin of their losses over 2 weeks and he is also telling the client tomorrow what he has been earning to raise alarm bells as to what the agent may have been taking (who knows! they may even understand why he left ) and also letting the client know that the agent is taking legal action. All advice I got from this board. So thank you very much, hopefully this will end here and we will not have to involve a lawyer.

In all honesty, we never cared about the money, had it not been for the fact that the agent was threatening to sue for longer than the notice period. I'll quite happily pay them for their losses of 2 weeks but the full term of the contract? what would be the point in a notice period?

Thank you to the gentlemen to defended me (bench comment )

I probably won't need any more feedback. Thanks again!