1. If there is considered to be an implied contract, why should it necessarily be one with all of the agency's T&Cs, and none of the contractor's?
2. What has payment or non-payment of an invoice got to do with any other aspects of a possibly implied contract? Let the agency pay the invoice, and separately argue for compensation if they like.
3. If the client fired the agency, then the agency lost business by that action of the client's, not by the contractor's action in continuing to work at the client. Let the agency argue it with the client, it's nothing to do with the contractor. The contractor has not cost the agency any money.
4. Whatever the legal position (see 1, 2, 3 above), if it was the contractor who found the contract, and then used the agency as an intermediary, then the agency has a nerve acting as if it is their contract and he works for them. It is his contract and they worked for him, until they became unable to provide any more the services that he required.
Perhaps the agency owes the contractor compensation?
2. What has payment or non-payment of an invoice got to do with any other aspects of a possibly implied contract? Let the agency pay the invoice, and separately argue for compensation if they like.
3. If the client fired the agency, then the agency lost business by that action of the client's, not by the contractor's action in continuing to work at the client. Let the agency argue it with the client, it's nothing to do with the contractor. The contractor has not cost the agency any money.
4. Whatever the legal position (see 1, 2, 3 above), if it was the contractor who found the contract, and then used the agency as an intermediary, then the agency has a nerve acting as if it is their contract and he works for them. It is his contract and they worked for him, until they became unable to provide any more the services that he required.
Perhaps the agency owes the contractor compensation?
Comment