Legal question: Dispute with client

[ap2013]

Hi all,

I need a bit of legal advice please. I am currently working for an Umbrella company for client X via agency Y. My umbrella company have a contract with the Agency Y, I do not have a contract directly in any way with Client X.

Client X terminated my contract early on the grounds of "unacceptable performance and behaviour". This is a complete lie, I basically called in sick one day and they used that as an excuse to get shot of me (they were essentially doing a clean sweep of all the contractors). I'm not bothered by this as by then I had already handed my resignation in and agreed a leaving date with HR.

However since my termination they sent my work PC off for forensic examination. To cut a long story short I had my personal dropbox linked to my work PC with documents and diagrams that I was working on for Client X. Because of a blocked USB port policy this was the only way for me to work at times since documents I had been working on at home I needed to work on in the office. I made my manager aware at the time that this was not ideal and that it was the only way I could still work when I was at home.

They have now claimed that I breached Systems Usage and Confidentiality Policies (amongst over things) by having work documents on my dropbox. However I was never made aware of these policies when I started or my tenure there nor did I nor any 3rd party sign my agreement to them on my behalf. They are now trying to pursue me for the costs of the investigation plus damages. Under the contract with my Umbrella and Agency there is a clause which states:

"Any media (whether magnetic, paper, or other) on which any notes, correspondence, memoranda or other records are made relating to the affairs of the Client shall immediately become the Client's property, and on termination of this Contract shall be handed over in their entirety to the Client with no copies being retained".

Now I have no problem handing over the documents I was working on to Client X at all. But surely they cannot try and claim that I breached policies that I knew nothing about?

Agency Y are trying to wash their hands of the situation by saying this is between me and the Client (which I completely disagree with).

Where do I stand?

Cheers

[TheCyclingProgrammer]

IANAL but IMO the client should be taking this up with either the agency, which is who their contract was with or more likely, the umbrella, which is technically the supplier of services.

As an example, if Company A hired Company B to do some work for them and an employee of Company B was found to have done something inappropriate then this would be an issue for Company A to resolve with Company B and an internal matter for Company B to resolve with their employee separately. In other words, it would seem normal to me for A company to be legally responsible for the actions of their employees.

That said, what does the contract between you and your Umbrella say on the matter? That's the first thing for you to establish.

The second thing to establish (or for your umbrella to establish) is what evidence do the client have that a) you breached their policies and b) that you were made aware of their policies?

I can see why the agency would want nothing to with this as they are simply acting as an intermediary between the client and your umbrella.

[Wanderer]

Where do I stand?

Almost certainly in need of proper legal advice.

I would contact the umbrella and ask to speak to their legal advisor, I first thought is that this may be covered by their professional indemnity insurance.

Since they are going legal on you, I'd counter claim that they terminated the contract without good reason and demand payment for the notice period.

[CheeseSlice]

Almost certainly in need of proper legal advice.

+1 Since they're already taking some kind of action you must ensure you know where you stand.
Look up Egos and see if its something they can help with.

Do you have PI insurance? (edit: sorry I didn't realise this was through a Brolly)

[malvolio]

Since they are going legal on you, I'd counter claim that they terminated the contract without good reason and demand payment for the notice period.

Ermm... I don't think so. Breach if usage policies, notice already handed in, no further work performed so no payment due?

Get legal advice of course, but I suspect this is mainly about negotiating the best resolution.

[original PM]

If you were working through a brolly then you are the employee of that brolly - I think that the client will have to take legal action aaginst the brolly (as some one has already said) then it is up to brolly what they do to you.

However I would imagine the worst the brolly can do is sack you as any claims against the brolly will be covered by their PI insurance.

But one thing to remember is that the client and agency are more important to the brolly than you so do not expect any favours.

[DirtyDog]

Almost certainly in need of proper legal advice.

I would contact the umbrella and ask to speak to their legal advisor, I first thought is that this may be covered by their professional indemnity insurance.

Absolutely do this - you are an employee, so need to talk to your employer. If the client wants to sue, then they need to sue your employer.

Might be worth asking someone like LisaContractorUmbrella how they would react if this happened to one of their employees - do they have insurance to cover it?

[tarbera]

Dropbox to use Client Documents.? are you having a laugh.?

Hi all,

I need a bit of legal advice please. I am currently working for an Umbrella company for client X via agency Y. My umbrella company have a contract with the Agency Y, I do not have a contract directly in any way with Client X.

Client X terminated my contract early on the grounds of "unacceptable performance and behaviour". This is a complete lie, I basically called in sick one day and they used that as an excuse to get shot of me (they were essentially doing a clean sweep of all the contractors). I'm not bothered by this as by then I had already handed my resignation in and agreed a leaving date with HR.

However since my termination they sent my work PC off for forensic examination. To cut a long story short I had my personal dropbox linked to my work PC with documents and diagrams that I was working on for Client X. Because of a blocked USB port policy this was the only way for me to work at times since documents I had been working on at home I needed to work on in the office. I made my manager aware at the time that this was not ideal and that it was the only way I could still work when I was at home.

They have now claimed that I breached Systems Usage and Confidentiality Policies (amongst over things) by having work documents on my dropbox. However I was never made aware of these policies when I started or my tenure there nor did I nor any 3rd party sign my agreement to them on my behalf. They are now trying to pursue me for the costs of the investigation plus damages. Under the contract with my Umbrella and Agency there is a clause which states:

"Any media (whether magnetic, paper, or other) on which any notes, correspondence, memoranda or other records are made relating to the affairs of the Client shall immediately become the Client's property, and on termination of this Contract shall be handed over in their entirety to the Client with no copies being retained".

Now I have no problem handing over the documents I was working on to Client X at all. But surely they cannot try and claim that I breached policies that I knew nothing about?

Agency Y are trying to wash their hands of the situation by saying this is between me and the Client (which I completely disagree with).

Where do I stand?

Cheers

Did you not wonder why the USB stick was not working - lol

You do have a Email from your manager saying you could use the dropbox have you not, as I suspect Manager will soon have a memory laspe to save there skin.

you dont have a leg to stand on

[DirtyDog]

They are now trying to pursue me for the costs of the investigation plus damages.

1) Did they ask you about anything? If you'd been asked if you had a copy, you'd have told them (right?). But they didn't - they sent the PC off for a forensic investigation, which was their decision. I don't see how you can be held liable for those costs.

2) Damages for what? Even if you breached the policy and should have known better (and I'm not saying either), what damage have you caused, and what is their financial loss for you taking a copy?

If they get in touch, I'd refer them to either your lawyer or to your employer, and don't get drawn into any discussions with them about it.

[SueEllen]

The client's policy may state the individual is liable for breaches of their security policy.

However as you have no copy of the policy or signed something personally to agree to this, get a solicitor to write the client and the umbrella a nasty letter.