Agency enforcing contract...

**anally retentive** · 14 June 2007, 12:15

Originally posted by interested

Was just wondering if the esteemed panel of experts had any experience with your agency enforcing the clause in your contract that relates to working with that particular client again/via a different agency/direct etc? In this particular case the client has an indirect contractual relationship with the agency and can bin the agency and switch the contractor to a preferred supplier. However the agency is a bit miffed and has indicated that they'd try and prevent the contractor continuing to work at this client.

What I really want to know is a) the likelihood of the agency actually doing it and b) the likelihood of it succeeding - does anyone have any experience in these matters?

obviously it all depends on what's in the contracts. it may well be that there are provisions for the client to do this and the agency can't do a goddam thing.

usually this isn't the case. most contracts are "back-to-back" - ie the agency-contractor contract reflects the agency-client contract. therefore if the client contract forbids the contractor from working direct/via another agency for 6 months after termination, then the contractor contract will say the same. however, it is entirely possible that although the agency has signed a provision with the client for them to hire contractor through an alternative source at any time, the agency could well have stipulated with the contractor that he/she cannot go to the client for 6 months unless it's through them.

if this is the case, the one thing i can assure you of is that it's going to piss off the agency big-time. whilst they won't actually break relations with a good client over it, they would definitely consider preventing this happening legally if they aren't going to lose too much money by doing so.

so in answer to your question: yes i have definitely heard of agencies exercising these clauses.

Agency enforcing contract...