Contract Termination While on Vacation...

[Xil3]

I wanted to explain my situation and get some opinions and options...

Prior to me going on vacation everything was going fine, and work was good. When I left for vacation on the 17th of December (last year) I had no doubts about my job and felt that everything was fine and that I'd have the job when I came back.

On my first day back from vacation (Jan 4th), I came into the office and they immediately pulled me into the board room with a puzzled look on their face (2 managers, cause the owner was conveniently on vacation). They looked at me and said, "Didn't you get the message? Your contract was terminated in December...". I looked at them puzzled and told them that I was never informed of this. They proceed by telling me that they notified the agency and that the agency should of informed me.

Next, I pack my stuff and leave the office. I immediately call the agency (Greythorn) and ask to speak to my agent. To my surprise, I find out that my agent was also terminated in December (no wonder I didn't get notified). So, I end up speaking to her manager who tells me that it's now a huge mess, since apparently the owner of the company I have been working for has been sneaky with the contract and apparently he didn't sign in December (my agent told me all was fine the whole time, so I had no idea there was ever a problem).

Anyways, so now I'm left in the position where I'm owed 2 weeks worth of pay + a 2 week notice which I never received. I won't be able to pay my bills this month if I don't get this... so I really need some advice.

I think it's the agency's fault in my opinion, since they weren't managing/handling this properly with the client, but I know how difficult the owner is, so it's just a crazy situation.

What should I do?

[Xil3]

I also forgot to mention that the reason they gave me for the contract being terminated was because they didn't like dealing with the agency.

And I found out from the agency that they have been trying to collect money from the company for months now, and were hounding them daily for it... which is probably why they terminated the contract (even though it was their fault for not paying the agency).

[Ardesco]

Your contract is with the agency, not with the end client. invoice the agency for the 2 weeks you did work and charge them interest if they don't pay. It's not your problem if they didn't sort out the contract with thier end client.

(The fact that the contract wasn't signed shouldn't make any difference. If the contract was issues and was a continuation of the original terms and you carried on working as normal as far as a court is concerned it stands.)

If the agency has not contacted you to give you notice you can also invoice for the notice period as well and charge interest accordingly.

If they don't pay threaten to take them to court (Helps clarify things in thier mind) but if you are still not getting anywhere you need to make a judgement call. How much money do they owe you, how much is it going to cost you to go to court?

You should also look at getting professional legal advice (PCG legal helpline if you are a member is always a good place to start).

[Fran]

I would guess this would be handled by the small claim court, in which case it won't cost very much at all! (I think)

[Xil3]

Yea, they have been trying to play games with me, so I just sent him a more aggressive email stating exactly what my position is and what I want.

If he comes up with more bulltulip I'll just tell him that I'll take them to court if I have to.

[DimPrawn]

There are some great debt collecting agencies out there.

If the agency does not pay, sent them a letter saying the debt has now been passed to Phil Mitchell Debt Collectors ltd.

You get the money -15% and they get broken legs.

[BrowneIssue]

... Anyways, so now I'm left in the position where I'm owed 2 weeks worth of pay + a 2 week notice which I never received.

...

I also forgot to mention that the reason they gave me for the contract being terminated was because they didn't like dealing with the agency.

Your contract is with the agency. They pay you for the outstanding pay or ele you go to the small claims court. Don't mess about. Send your invoice and do it this afternoon.

Say to Greythorn: "If you can place me at the same rate or better within the 2 week notice period, I will waive that payment. Fail, and I take you to court for that too. Alternatively, I go direct with the client."

Ask the client if you can go direct.

[miffy]

Ask the client if you can go direct.

Yup, but it makes me wonder who's really at fault here, the agent or the client?

If the client is being hounded for payment by the agent, that sends alarm bells straight away. Is this a small company by any chance?

Maybe they don't like dealing with the agency because they don't provide free resources. If you went direct, you might end up in a worse situation.

[Xil3]

Yea, the root of all the problems is the owner of the client company... he has been evading payment with the agency for 4 months.

I would never directly work for him, and yes it's a small company.

Regardless if the client was the original to blame or not though, I don't want to be the one that gets screwed over in the end, when it was a mistake made by the agency, since they didn't do their contract properly with the client. But my contract with the agency shouldn't have anything to do with their contract with the client.

[BrowneIssue]

Yea, the root of all the problems is the owner of the client company... he has been evading payment with the agency for 4 months.

I would never directly work for him, and yes it's a small company.

Then go for your outstanding pay and the notice period pay from Greythorn. Immediately (because it makes a difference to the courts if you dither).