Going direct in spite of contract restrictions

[Back In Business]

I'm sure it happens all the time and I've never been in a position where I cared before, but has anyone "violated" their contract restrictions, gone direct with the client and (most importantly) got away with it? I've got a 12 month restriction on my current gig and I've been given all sorts of (mainly dodgy) advice on how to get out of it.

I know for a fact that the agency I'm hooked up with will take me to court if they find out, but due to the slice they (and another intermediary) are taking I could nearly triple my rate going direct.

The agent and the intermediary have agreed to up my rate without asking the client for anything more which is nice of them, seeing as they knew I wasn't really happy with the rate to start off with. I know it's completely unprofessional to violate a contract that I signed but I wish I never found out how much money I could be making.

[Cowboy Bob]

Only done it by buying myself out of the contract (actually went 50/50 with the client as we were both dissatisfied with the agency). They were S3 (yes I know ) so we knew they'd sue and unfortunately the client had let slip their intentions.

I still ended up being in profit overall, so it was still worth doing it.

[HankWangford]

Only done it by buying myself out of the contract (actually went 50/50 with the client as we were both dissatisfied with the agency). They were S3 (yes I know ) so we knew they'd sue and unfortunately the client had let slip their intentions.

I still ended up being in profit overall, so it was still worth doing it.

S3 - when will companies wise up.............

[Back In Business]

Thanks CB - I think the only professional choice is a buy-out. I think the end client would go for it just not sure about the agency and the other intermediary.

And as for S3, I'm in the same boat. I went into it knowing that everything was going to be a struggle but I wanted the gig and that's why I signed with them and took a lower rate. If this pans out though and I land up going direct with the client then it will be worth all the hassle.

[Paddy]

I'm sure it happens all the time and I've never been in a position where I cared before, but has anyone "violated" their contract restrictions, gone direct with the client and (most importantly) got away with it? I've got a 12 month restriction on my current gig and I've been given all sorts of (mainly dodgy) advice on how to get out of it.

I know for a fact that the agency I'm hooked up with will take me to court if they find out, but due to the slice they (and another intermediary) are taking I could nearly triple my rate going direct.

The agent and the intermediary have agreed to up my rate without asking the client for anything more which is nice of them, seeing as they knew I wasn't really happy with the rate to start off with. I know it's completely unprofessional to violate a contract that I signed but I wish I never found out how much money I could be making.

If the original contract was with your limited company then start-up or use a different limited company to go direct.

[Back In Business]

If the original contract was with your limited company then start-up or use a different limited company to go direct.

That was one of the suggestions posed to me which I placed in the dodgy category . Although the contract is set up with MyCo as a service provider, it does have wording to the effect of "the service provider and it's directors will ensure that the service provider and the consultant will not provide services directly to the client within 12 months of the termination of the contract etc etc."

Anyone know a lawyer who deals with this sort of thing?

[reformation]

I'm sure it happens all the time and I've never been in a position where I cared before, but has anyone "violated" their contract restrictions, gone direct with the client and (most importantly) got away with it? I've got a 12 month restriction on my current gig and I've been given all sorts of (mainly dodgy) advice on how to get out of it.

I know for a fact that the agency I'm hooked up with will take me to court if they find out, but due to the slice they (and another intermediary) are taking I could nearly triple my rate going direct.

The agent and the intermediary have agreed to up my rate without asking the client for anything more which is nice of them, seeing as they knew I wasn't really happy with the rate to start off with. I know it's completely unprofessional to violate a contract that I signed but I wish I never found out how much money I could be making.

As was stated above the only professional thing to do is buy yourself out of the contract. This should be held up as a beacon to anyone who claims agents are all dodgy bastards and try to screw people, contractors are just as bad it seems so agents need to be the way they are to not get walked on?

Discuss.

[Back In Business]

I don't disagree with you, as stated I would prefer to do the professional thing. But in all honesty if you had a legit way of tripling your wage overnight however it involved upsetting a few people - would you do it?

[Paddy]

Resign as a director. Appoint a friend as a director. Agents want it both ways; they want the safety net of dealing with a limited company but also they want to treat you as an employee and they don't want you t have the benefits working from your own company.

I note the agent did not have a clause whereby if the client has a requirement in the future then he would have t offer you a first refusal.

Why let agents get away with it.

[reformation]

I don't disagree with you, as stated I would prefer to do the professional thing. But in all honesty if you had a legit way of tripling your wage overnight however it involved upsetting a few people - would you do it?

I do see your point mate but it's just not 'ethical', still what are the chances of getting caught always have an exit strategy or Plan B if you get caught as you could be in hot water. Not doing the crime if you cant do the time and all that.