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Agency Refusing to Pay Me After Leaving Contract with No Notice & No Signed Timesheet

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    Agency Refusing to Pay Me After Leaving Contract with No Notice & No Signed Timesheet

    Due to serious and sudden personal health problems I was forced to leave a 6 month contract 1 week into starting with no notice, which was regrettable but I explained to the agency that I would be unable to continue working for the client and competently complete the work.

    I sent an email to my agency contact and offered a substitute as an alternative but received no response, only to say that they were sorry to hear I could not fulfil the contract, which requires 1 months notice, and to return my pass to the client. I had not completed and had a timesheet signed as I left suddenly. However, a month had passed and after submitting my invoice the agency replied to say they could not pay me without a timesheet signed but would accept an email authorisation from the client. I did as they requested but received no response from the client, yet a couple of days later I received an email from the agency's regional director to say to not contact the client directly again and to communicate through them. She also requested that I state what work I had completed during the time I was there for timesheet approval which I did.

    Later that week the director called to say that she had to speak to the client to see what they think about having to pay me and how much because I was not there long enough to "add value" and left without notice, leaving them in the lurch. I have not heard back since and my question is do I have any rights to be paid or should I just not pursue this as I breached my contract? The reasons I left were serious but I did not wish to go into this with both parties due to the personal nature. I am opted in but the agency have stopped communicating with me altogether.

    #2
    Originally posted by ziggystardust View Post
    Due to serious and sudden personal health problems I was forced to leave a 6 month contract 1 week into starting with no notice, which was regrettable but I explained to the agency that I would be unable to continue working for the client and competently complete the work.

    I sent an email to my agency contact and offered a substitute as an alternative but received no response, only to say that they were sorry to hear I could not fulfil the contract, which requires 1 months notice, and to return my pass to the client. I had not completed and had a timesheet signed as I left suddenly. However, a month had passed and after submitting my invoice the agency replied to say they could not pay me without a timesheet signed but would accept an email authorisation from the client. I did as they requested but received no response from the client, yet a couple of days later I received an email from the agency's regional director to say to not contact the client directly again and to communicate through them. She also requested that I state what work I had completed during the time I was there for timesheet approval which I did.

    Later that week the director called to say that she had to speak to the client to see what they think about having to pay me and how much because I was not there long enough to "add value" and left without notice, leaving them in the lurch. I have not heard back since and my question is do I have any rights to be paid or should I just not pursue this as I breached my contract? The reasons I left were serious but I did not wish to go into this with both parties due to the personal nature. I am opted in but the agency have stopped communicating with me altogether.
    No, you don't have any rights, but there may be a provision in your contract for this situation. What does you contract say?

    Comment


      #3
      Do you anticipate getting a better answer if you post the same question in another forum?

      Hint: you won't get paid. It's not fair but that's contracting reality. Move on.
      Blog? What blog...?

      Comment


        #4
        Welcome to the wonderful world of contracting just accept the loss as no notice = breach of contract this is just one of those things which happens all the time with contracting.


        IME its not worth pursuing move onto the next one.

        Comment


          #5
          If you wanted to play by the book then the expected process would be something like..

          Client should sign timesheet as you actually did the work.
          The agent should pay you as you have a signed timesheet as per the contract (Opt in status should make a difference here as well)
          The agent then should sue you (or claim damages) for clear breach of contract.
          You could possibly end up paying more than you are owed.

          Is that a process you wish to follow then good luck.

          The other option is just to take it on the chin and assume that you weren't going to get anything ultimately due to the breach and move on. Gonna be a big ask getting a client that's actually lost money on you paying up and then getting the agent who has also lost money paying you.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by malvolio View Post
            Do you anticipate getting a better answer if you post the same question in another forum?

            Hint: you won't get paid. It's not fair but that's contracting reality. Move on.
            I'd argue that's incorrect. It is fair. It's breach of contract which comes with penalties which potentially could be more than he is owed.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              I had a similar situation recently, I walked after a few days. I submitted a timesheet but it was speculative from my viewpoint and never heard back from the agent, since I didn't work my notice I accepted that I would forego the two days payment.

              Comment


                #8
                Originally posted by northernladuk View Post
                I'd argue that's incorrect. It is fair. It's breach of contract which comes with penalties which potentially could be more than he is owed.
                Such empathy NLUK, luckily most clients aren't heartless as you to sue someone who has fallen ill.

                Comment


                  #9
                  If you wanted payment then you should have talked to the client manager not the agency and told them exactly what was wrong with you before leaving as you may not have had to leave.

                  Some clients, even though they don't have to be, are nice if you aren't well and work with you so you can deliver the work on time. Others aren't but you don't know which they fall into until you have spoken to them.

                  Now you have learnt the hard way if you don't speak up and just walk away you will never know.....
                  "You’re just a bad memory who doesn’t know when to go away" JR

                  Comment


                    #10
                    Assuming this guy is genuine, why shouldnt he get paid?

                    As I see it, issue 1 - he needs paying.
                    Issue 2 - strictly speaking hes in breach of contract by leaving.

                    1 and 2 are separate. If he did the work he should get paid. If the client/agency feel the need to pursue the breach legally thats up to them but they are two separate issues.

                    This excuse about not adding value in the first week is just bollox. By the rationale then we're all expected to work for free for the first week or two?
                    Not saying its not cool for the client - I can imagine its caused them hassle but life isnt fair, is it?

                    Of course, no timesheet makes things difficult I must say.

                    If it was me I'd :-

                    1) Gather evidence that I had to at least prove that I did work there.
                    2) Stop fannying around, send the agency a last warning and if nothing happens, get small claims court claim in (its not expensive).

                    Chances are agency/client will give up and pay up for the sake of a couple of £K max.

                    I did once for a one day gig that went bad. Agency/client didnt want to pay. OK not arguing - heres the claim for a couple of £. Court date set, court 1 mile from home (I was on the bench anyway) no skin off my nose I thought it'll be entertaining. They (Agency) tried to threaten me a bit but turned up in court, no surprise they werent there, default judgement to me, got my money 7 days later plus my small claim fees.
                    Rhyddid i lofnod psychocandy!!!!

                    Comment

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