Agency Lies

[Spikeh]

How long you been at client or aint you started?

If you havent started I wouldnt be 100% surprised if they know nothing about this WFH idea....

I had a similar years ago. Agency told me 2 weeks in Northampton then rest of contract near home. So I signed up.

Of course, turned up first day and client knew nothing about this - it was all in northampton. Lets just say I was back home in hours.....

I made sure that I had home working in writing. I've been here for a few months now... so there's no getting out of it really.

[Spikeh]

Invoice at the rate you agreed and is in your contract. The contract between the client and the agent is none of your business. Provide feedback to the client as requested and then leave it at that. Nothing good will come of you trying to fight the agent at this point.

He lied (about something that isn't really your business anyway) people do, it appears to be coming and biting him hard so will be an expensive lesson in the long run but it does not constitute contract breach. You signed it so bill it.

I wouldn't get too involved. Let the client and the agent dook it out, you stick to your contract and screw him hard at renewal. If other guys are fighting as well let them do it and just reap their rewards but not get involved in any fall out that might come their way IMO.

If the client needs you none of this should affect your position unless you become a problem to both client and agent. No one is irreplaceable.

Aye, as I said, I'm happy in the position I'm in. I've asked the client to be anonymous about it... there are only 2 contractors here, so it's not like the agency won't know who's involved anyway. I will decline to comment if they call me up.

I like working for the client, but I'm a contractor at the end of the day - this stuff happens, and I know where I stand. It's taught me that there's no such thing as an honest agency, and I should be completely ruthless about rate (I'm pretty ruthless as it stands, but obviously not enough!).

Funny thing is... I was considering using this agency for as many contracts as I could too... because I like how they operate / how flexible they are.

[TheFaQQer]

Today I found out that they were lying.

Hate to break it to you, but the Pope's catholic and bears have been known to sh!t in the woods as well.

I'm considering raising an invoice for the days I've already worked x the rate reduction, and continue to invoice them at the originally quoted rate.

On what basis? You have a contract with an agreed rate in it. I'd love to invoice my clients at a higher rate, but that's not allowed.

There has to be some kind of contract breach here, even if it's at the client's side? I'm waiting to hear if the client has the commission percentage in writing before I act on anything.

The agent hasn't breached the contract between your company and them, so it's nothing to do with you. There is nothing for you to act on at all. The client should be discussing this with the agency, asking them to confirm what rates they are paying you, if they are on a fixed margin.

One thing to note - I signed an NDA that specifically says I can't talk to the client about rate etc. I'm hoping that's another agency "trick" to scare people... and can be safely ignored.

Whoops. Difficult for the agency to prove that you did talk, but if you have an NDA and you disclose that, then the most important breach here is the one between you and the agency.

[BlasterBates]

If you were happy with your rate in the first place then surely you should now be happier because in a few months time you can be even happier.

I never understand contractors who get angry at the agent because their agent takes a higher margin than they expected.

I worked through an agency who took 30% and I was perfectly happy with that because I got the rate that I wanted. In fact I didn´t care what the agency took. At the end of the day is the project good, and do I get my rate.

A contractor should know what rate he can earn, he should not leave it to the agency.

[Spikeh]

If you were happy with your rate in the first place then surely you should now be happier because in a few months time you can be even happier.

I never understand contractors who get angry at the agent because their agent takes a higher margin than they expected.

I worked through an agency who took 30% and I was perfectly happy with that because I got the rate that I wanted. In fact I didn´t care what the agency took. At the end of the day is the project good, and do I get my rate.

A contractor should know what rate he can earn, he should not leave it to the agency.

Please read what I've written before you jump on your soap box. This isn't about them charging a higher rate - like you, I couldn't care less about their margins as long as I get the rate I want (which I have) - it's about blatantly lying to both me and the client, and deceitfully using the agreed conditions of my contract (working from home) for their own ends.

I am perfectly happy with my rate and the contract, it's my client that's not happy because the agency is charging them more than they agreed. This is where the contract breach lies. If I get a better rate out of it, great, but it's more likely the agency will cut their nose off to spite their face, leaving the client without a contractor (they struggle to find the right people), me without a contract, and the agency without the income.

[TheFaQQer]

it's more likely the agency will cut their nose off to spite their face, leaving the client without a contractor (they struggle to find the right people), me without a contract, and the agency without the income.

Maybe you should have considered that before you breached the NDA?

[SueEllen]

Maybe you should have considered that before you breached the NDA?

The OP should have thought of that before agreeing to the NDA.

I refuse to agree to NDAs like that.

[Spikeh]

The OP should have thought of that before agreeing to the NDA.

I refuse to agree to NDAs like that.

I have to agree - I asked for a lot of changes to the contract, all of which they obliged with... so I thought "what the hell, that one will be ok won't it?". My own fault really... I very nearly raised it.

[Wanderer]

Invoice at the rate you agreed and is in your contract. The contract between the client and the agent is none of your business.

I disagree with that. I've had contracts where the agency is specifically contracted to take a certain cut of what the client is paying and pass the rest on to the contractor. In this situation they can't go screwing the contractor to pad their margin.

You are right that it's between the client and the agency to sort out but I'd certainly let the client know that I was not happy that the agency was screwing both of us.

[billybiro]

.....I have emails from the agency.....The client says that this is 100% a lie. I have a good relationship with the client.....

If your client is now p*ssed off with the agency and you have as good a relationship with the client as you say, why not terminate your contract with the agency, have the client terminate their contract with the agency and have the client contract you directly?

You get a better rate and the client gets to pay a little less as they're no longer paying the (inflated) agency margin. Win-win situation (for you and the client at least, not so much for the agency - but who gives a sh*t about them? They did start this after all!)

If you and client work this correctly (i.e. you're both prepared to lie to the agency just as they have lied to you), the agent would never know that you've gone back to work for the client, regardless of any potential "handcuff" clauses that may have normally prevented you from doing so.