Left client due to his conduct towards me, now threatens me

[firehawk]

anyone here know much about employment law?
im in a bit of a pickle unfortunately but due to no fault of my own (I know, everyone says that right?)

to sum up: I had a contract for a client through a recruitment agency. All was going well until a certain period of time. the manner and professionalism of the person was inappropriate and very rude. this guy even swears and shouts on the phone to his own wife, and we have all heard it.

All the tasks were completed and ive gone above and beyond my call of duty for him and his business. I was the core part to "make things happen" technically.

i left (on my terms) due to his conduct and professionalism towards me.

he is now threatning me and says he is going to sue for loss of business. There actually isnt any loss of business. everything was done way ahead of schedule with great feedback from his customer but there was also too much politics involved and who gets what cut from the profits between him and his company and another company and his "business partner". First he said on the voicemail that he wants to stop the bridges from burning then...sends me this type of email with threats

he also says he wont pay me for the past 2 weeks - thats ok im not fussed about that as I was treated like a dog with what happened and completely went against what was agreed verbally and carried out then expect to change things within hours before a "meeting".

anyone know where I stand on this? he has plenty of time to find a replacement anyway - just to make that clear. but he always wants something done "on the cheap" and would do whatever to get money.

many thanks. and again - I have morals/values/ethics and would not stand for anyone who treats me or speaks to me wrongly at all. the guy started to leave voicemails/messages earlier today saying that he wants to try and save the burning bridges and today he starts with these threats.

[stek]

Yes, take it up with your employer, ie yourself.

OMG, really, OMG......

[amcdonald]

He's got a contract with the agency surely, how is he going to sue you ?, unless you've got a temp/permanent contract of employment through the agency.

Do you have a direct employment contract with this company????

If you have a contract of services through the agency (brolly or your own limited company) if the agency get bolshey and threaten to sue you, just threaten to phoenix your company and they'll soon shut up

[firehawk]

Thanks.

no, there was no contract directly between me and the client but only both (me and the client) to the agency.

when you talk about "pheonix" - what do you mean exactly?

[Diver]

I truly hope you have kept records, a they are kept in a safe place.
If you have records that prove bullying in the workplace, he should be on the defensive, not you.

[firehawk]

I do have the email conversation absolutely. i wouldnt quite say "bullying" but completely unprofessional and overreacting to something that certainly was not delivered to him. basically said "just do it. my business partner saw your email and you show disrespectfulness and I dont expect that from you" - something to this affect.

we have been close as anything until this point. its kind of complicated with his workings, and who is involved and the fact im meant to be his technical advisor and "cover his ass" basically. i suggested something and told him other work needs to be canned for the day because of this thing and he flipped for no fault of my own at all but only his as he is the one to organise everything.

regardless of the "conversation", got treated and made to feel like a dog. have had the agency say that I am the most professional person that they have worked with and its unfortunate that this situation has happened (me leaving the client). they also tried to increase my rate but I said no thanks as its not about the money.

[amcdonald]

Thanks.

no, there was no contract directly between me and the client but only both (me and the client) to the agency.

when you talk about "pheonix" - what do you mean exactly?

It's where someone closes down their company and immediately sets up a new one to do the same business, usually to avoid the risk of ligation but someones for more nefarious means

[firehawk]

Thanks.

here is what the email says:

Our Accounts department have been instructed to hold back any outstanding payment, which I believe goes back to w/c 11th March 2012, until our solicitor has revised our rights to compensation based on your breach of contract. I do have to make you aware that we will have to take this further due to loss of business from your absence and any monies charged to <ClientName> in terms of failure to meet deadlines on <Project1> and <Project2> will also be filed against you. Until I know our rights I can not advise what will happen.

let me make some points:



1) completed all the work for <project1> which is an ongoing project and always ahead of the deadlines and completed what was required for this day before I left. Project2 was only just starting and not even due until the beginning of May so they have more than enough time to find someone. I also got pulled from Project1 to do Project2 then got told to go back to Project1 urgently, which I did and completed the work



2) I already have the payments up until last week. Last week is due to me but im not fussed about the payment to me

3) there was never any contract that there would be any other companies involved in this "project" except for him and the customer.

[amcdonald]

Are you opted in or out of the agency regs, if opted in they have no right to withhold payment

I assume thats the agencies account department writing that...

[firehawk]

usually opt out of agency regulations. IR35 and all that. it is a good question though as with this contract, they didnt ask or have anything about opting in or out of the regulations.