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Agent threatening to take legal action - urgent advice needed

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    Agent threatening to take legal action - urgent advice needed

    Hi,

    I had been pursuing two jobs opportunities through two different agencies with the same client in Netherlands. I never thought Client would take such long time and it ended up in a mess. One of the agency had really bad terms so I was not kind of very happy with them but since I have been out of job for a very long time, I was continuously communicating with them. While the other agency found out about this, had also better terms & conditions, pay rate and I had worked with them in the past, job through them was also a better one. So when it came to choose between the two agencies, I went with the later for all the above reasons said.

    Then I kept on following up with them and I was being promised that I will be starting this job in the last week of November but few days before it was to start they called me and told me that it will be starting on first Monday of January. I let them know my disappointment but did not say that I will start looking for other job opportunity.

    In the next two days, I was offered a short 3 weeks contract in UK and I took it. I did not tell the above agency about this contract to begin with. They sent me some draft copies of the contract (starting 06/01/2014) and I asked for correction (such as dob, place of birth and address) to be made. In the next 2-3 days they sent me the final copy of the contract. In the mean time, my current client (3 weeks contract) is offering me a long term opportunity and I am willing to take it but I have not signed the contract extent ion. Now I have gone back to Netherland agency and told them about the situation that I cannot take their contract, which offcourse has made them furious.

    They have been telling me that they have taken personal interest in me (to make sure that I get the job even if it was not through them but other Netherlands agency), that they went out of the way to do so many things. All this while I kind of built a good relation with the person over there but now he is feeling betrayed and is threatening me with legal actions saying that their whole reputation with the client is at stake (because they convinced the client to take me as they had been upset about my leaving the first agency). Also that their preferred supplier status is at stake and client might just cancel the other 2 contract they have agreed with them. etc etc.

    They seem really serious and I am worried. I have not yet signed any contract (I was going through their own payroll) but have shown serious interest in emails all this while.

    In my defense, I was serious all the way but about when job was starting in last week of November, when I was told it will in starting first Monday of Jan 2016 (6-7 weeks later), I lost the faith that I might not get it all. Now i have this extension with in UK and I can come home to my family every day, why should I take the contract in Netherlands which is still 4-5 weeks away.

    Another reason, I want to take the UK contract is so I can avail a mortgage as I will paying UK taxes. If I take contract in NL (UK limited or NL payroll) my understanding is that I wont be able to take out a mortgages.

    No doubt I feel that I have let them down but now threats have been issued both verbally and in email.

    Please can someone advice, if they have a legal case. What could happen maximum? I do not have any kind of insurance to protect me from legal hassles as I dont have any UK limited.

    Thanks for your inputs in advance.

    #2
    If you haven't signed the Netherlands contract then don't worry about it. The agent in the Netherlands is just trying it on.

    I would tell them to go ahead and try and sue you.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #3
      Can you PM me?

      Am going through a similar situation for an assignment out in the Netherlands.

      Comment


        #4
        Thanks SueEllen, I have not signed any contract. Have shown keen interest in the emails and explained my thankfullness to them for sorting out the mess (with the other NL agency being involved in other job) but since they postponed the start date and receiving the contract copies, I may have shown some interest and requested them to fix the contract with my correct DOB, POB and address etc. This does not amount to acceptance. Their argument is that all this may lead them to loose the business and ofcourse they are annoyed that I kept them in confidence (who does not?) all this while.

        @geoffreywhereveryoumaybe: What is your take then? what are you doing ?

        Thanks.

        Comment


          #5
          More feedback please

          Give me some more confidence people please. Can I really be drawn into a legal action if for example they claim (true or not) that they have or will loose substantial amount of business..

          Comment


            #6
            Until you have drawn your signature on the contract there is no agreement.
            "You’re just a bad memory who doesn’t know when to go away" JR

            Comment


              #7
              Originally posted by original View Post
              Give me some more confidence people please. Can I really be drawn into a legal action if for example they claim (true or not) that they have or will loose substantial amount of business..
              It's never a happy situation when a business deal doesn't pan out but that's business and they will know this full well. Nothing signed means no commitment. Just tell them you are terribly sorry but you are unable to take the contract they have offered but you will keep them in mind for next time you are looking for business. Rest assured that they would do exactly the same to you if the situation was reversed.

              Now just blank them. Don't take their calls, don't respond to their emails. The agent is just pissed that they won't get their fat commission. None of their threats were put in writing, were they? Do you wonder why this is? Ignore their empty threats because they are talking tulip.
              Free advice and opinions - refunds are available if you are not 100% satisfied.

              Comment


                #8
                If you haven't signed you are not bound, end of.

                In Europe the bar to show acceptance of a contract is a lot higher than here in the UK. Any threat of legal action is baseless.
                https://uk.linkedin.com/in/andyhallett

                Comment


                  #9
                  Originally posted by original View Post
                  They seem really serious and I am worried. I have not yet signed any contract (I was going through their own payroll) but have shown serious interest in emails all this while.
                  Tell them to go ahead and sue you if they wish.

                  Showing interest in something is not the same as signing a contract and agreeing to it.
                  Contracting: more of the money, less of the sh1t

                  Comment


                    #10
                    You're absolutely right to stick with the gig you've got - what's to say that come mid December the start date won't move to April?

                    As others have said, if you haven't signed the contract or started work on site, there is no contract to be in breach of.

                    The agent are 'kind and helpful' when there's money in it for them. I think they're showing their true colours now. They've got a month to find another candidate. Tell them to shove it.

                    Comment

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