Legal rights when you end a contract for a new one that actually did not happen

**LisaContractorUmbrella** · 2 July 2012, 06:44

Originally posted by GregL View Post

Hi,

This just happened to me and I wanted to get some legal advice regarding what I can do to cover potential losses: I am a freelancer/contractor in IT and I told my previous customer I'd start a new contract soon and will go on a training for this new customer (all paid by the new customer) before returning for a few days (some work to be finished) and then leave for good. After the training, the agency told me that a few of us actually didn't satisfy the technical requirements during the trainings (we were actually tested, without being told upfront..) and so we wouldn't get the promised contract (we didn't sign anything, although we were provided an employee ID and login/pw). They actually took more people for the positions needed (on purpose or not, that is another question). The new contract was short term, 2-3months only, but I would have benefitted quite a lot after that, in terms of market/experience, more than money.

My question is: can I ask for a compensation for "loss of business" (or similar) for quitting my previous customer for this ghost position and also turned down a few other propositions while in the interview/training process? I have a Ltd company, if that can be of any help..

Thanks in advance for your replies,

Greg

The short answer is no. I am sure that someone will be along later to provide the long answer

**cojak** · 2 July 2012, 06:54

No - although the agent should have been more upfront about the test. I would ask for more information to find out why/how you failed.

I'd take a very close look at your contract as I'd imagine this will be covered in it to stop you from complaining afterwards.

You got free training from a company, don't mention why you didn't get the contract, just put it on your CV and improve the areas you were weak in.

**psychocandy** · 2 July 2012, 08:33

Potentially lied to my the agent here and it seems a bit unfair but I guess this was all in the contract anyway about potentially not being forced to take you on?

Unfortunately, I think your screwed.

**GregL** · 2 July 2012, 10:46

Thanks guys for your answers!

Well, I hoped there was something to protect us from being screwed this way.. For sure I'll be more careful next time. I had free training but 2/3 of it was on proprietary products, so a bit useless in the end..

Have a good day

Greg

**BlasterBates** · 2 July 2012, 12:39

I see you didn't have a contract. Unfortunately although a verbal contract is legally binding, it might be diffcult to prove.

This probably isn't worth chasing up because it's your word against the agency.

Looks like the agency or client misled you. Could possibly be a cock up.

If you do have anything in writing it would be easier to claim for breach of contract.

**doomage** · 2 July 2012, 13:10

Originally posted by GregL View Post

Thanks guys for your answers!

Well, I hoped there was something to protect us from being screwed this way.. For sure I'll be more careful next time. I had free training but 2/3 of it was on proprietary products, so a bit useless in the end..

Have a good day

Greg

There is no "us". Or if there is, likely one of "us" poached your contract.

If you want protection, get your own insurance or a PCG membership / contract review. Or go Perm, for whatever that's worth.

**tarbera** · 2 July 2012, 14:34

promised contract

Originally posted by GregL View Post

Hi,

This just happened to me and I wanted to get some legal advice regarding what I can do to cover potential losses: I am a freelancer/contractor in IT and I told my previous customer I'd start a new contract soon and will go on a training for this new customer (all paid by the new customer) before returning for a few days (some work to be finished) and then leave for good. After the training, the agency told me that a few of us actually didn't satisfy the technical requirements during the trainings (we were actually tested, without being told upfront..) and so we wouldn't get the promised contract (we didn't sign anything, although we were provided an employee ID and login/pw). They actually took more people for the positions needed (on purpose or not, that is another question). The new contract was short term, 2-3months only, but I would have benefitted quite a lot after that, in terms of market/experience, more than money.

My question is: can I ask for a compensation for "loss of business" (or similar) for quitting my previous customer for this ghost position and also turned down a few other propositions while in the interview/training process? I have a Ltd company, if that can be of any help..

Thanks in advance for your replies,

Greg

promised contract - That Made my day - thanks

so you turned up on day 1 with only note from your agent - nothing agreed

**GregL** · 2 July 2012, 21:41

True, I didn't sign any formal paper, BUT the training was real (hotel+meals pre-paid) and I had an employee number/password to connect to their intranet.. This was enough for me to believe the contract would soon follow. Learning the hard way..

G

**jmo21** · 3 July 2012, 06:31

Originally posted by GregL View Post

True, I didn't sign any formal paper, BUT the training was real (hotel+meals pre-paid) and I had an employee number/password to connect to their intranet.. This was enough for me to believe the contract would soon follow. Learning the hard way..

G

Good job they didn't screw you on th hotel bills as well.

For what it's worth, if "it leads me to believe" a contract is forthcoming, give me a contract to sign before you waste everyone's time.

I presume you don't get paid for this time then?

Legal rights when you end a contract for a new one that actually did not happen