Using a different agent to the one introducing you

[dork]

I have been put forward for a role by an agency I now regard as something of a cowboy.. they are offering the lowest rates for the same role (trying to screw me to increase their margin it seems) and are asking me to sign a contract whereby I cannot give notice, but they can give me 7 days.

I verbally accepted the role, but have not agreed to the contract.

On the other hand, an agent I have worked with for some time and trust also mentioned the same role, but after I was offered the role by the first agent.

I would like the role but be represented by the other agent. Any ideas how I can go about this?

[BrilloPad]

My understanding is that a verbal contract is as good as a written contract. What was the form of words used?

If it is something like "will you accept this contract?" and you say "I accept" then there is a contract.


On a moral level it seems unfair that cowboy agent has done the legwork and now you want to deny him his renumeration.

IMO you should take the role, try to negotiate more at renewal. use it as a learning experience.

[ChimpMaster]

Brillo, with all due respect, OP is not a charity! If cowboy agent is trying it on with low rates then he is risking losing this opportunity.

OP should speak with cowboy and say that he will only accept contract at higher rate.

It is also possible to write/email to the client and indicate that you are unhappy with cowboy and wish to be represented by agent 2. I have done this in the past and cowboy came back to me all huffed and puffed... bah what they gonna do eh? Business is business - be honest, be professional - but don't let anyone rip you off.

[dork]

1) Well.. In my eyes, I accepted the role, not the contract.. I had not seen the contract and I am unhappy with the terms. I especially think I am being ripped off on the rate... Not sure how to confirm this tho....

2) Other agent has done a lot for me in putting me forward for roles and I owe him far more than the first one who, to be frank, has been really arsey throughout.

To be honest, if I can't get use the second agent, I may just decide to walk away.. I'm in that kind of mood.. I'll see how I feel tommorrow when I should hear about another role..

[ratewhore]

The OP has verbally agreed subject to a mutually agreeable contract.

Said contract can't be agreed, the OP has not committed to sole representation, so no issues with going through agent 2.

IMHO of course...

[BrilloPad]

1) Well.. In my eyes, I accepted the role, not the contract.. I had not seen the contract and I am unhappy with the terms. I especially think I am being ripped off on the rate... Not sure how to confirm this tho....

"In my eyes" - That is why I asked what words were used.

Can you ask the client over the rate? If you are happy to walk then no harm in getting client involved as taz suggests.

[Ardesco]

1) Well.. In my eyes, I accepted the role, not the contract.. I had not seen the contract and I am unhappy with the terms. I especially think I am being ripped off on the rate... Not sure how to confirm this tho....

2) Other agent has done a lot for me in putting me forward for roles and I owe him far more than the first one who, to be frank, has been really arsey throughout.

To be honest, if I can't get use the second agent, I may just decide to walk away.. I'm in that kind of mood.. I'll see how I feel tommorrow when I should hear about another role..

Are you saying you accepted the role without knowing the rate?

If you are unhappy with the T&C and the agency is not being flexible by all means walk away, however don't expect other agent to get you the gig. If he tries the original (arsey) agent will probably find out and threaten legal action with the end client and the agency you are now trying to go through (or whoever) and the easiest thing to do will be to bin you.

If you accepted the role knowing the rate you should stick with it, it was obviously good enough in the first place for you to say yes....

[Emily]

Are you saying you accepted the role without knowing the rate?

If you are unhappy with the T&C and the agency is not being flexible by all means walk away, however don't expect other agent to get you the gig. If he tries the original (arsey) agent will probably find out and threaten legal action with the end client and the agency you are now trying to go through (or whoever) and the easiest thing to do will be to bin you.

If you accepted the role knowing the rate you should stick with it, it was obviously good enough in the first place for you to say yes....

I agree with Ardesco. Why would you accept the offer without knowing the rate - or did he offer the rate you went forward at but now the other agent has said the rate is something higher?

From experience, you won't be able to drop this 'cowboy' agency for the other agency. It would have to happen through the client and they won't want to get involved with the agency debacle which will occur.

With regards to the notice period though, you should be able to negotiate this. It may be reflective of their contract with the client, but I am 99% sure they will be able to be flexible with this!!!

One other point to make is that if this company really are cowboys, be careful in how you leave it with them if you do drop out. You never know what they may say to your client, reputations can be damaged this way.

[WindyAnna]

In my experience it will be the client who will be difficult about your going with agent 2. As Emily said the client wouldn't want to get involved in ensuing agency battle, no harm in asking though! all the agency contracts here state that the contractor will be considered to be represented by the first agency to present them ... was that (1) or (2)?

If you are happy to walk away from the gig the try asking the client if they'll be prepared to let you work through (2) and if they won't then just put it down to experience and look elsewhere.

[dork]

Just to clarify.. I accepted the offer but stipulated a higher rate than originally offered.

It is just that other agents are advertising the same role at higher rates.

I got back to them and said I was unhappy about it being very uneqitable and they offered 28 days notice for me and 7 days from them, which is pretty standard.

So, I'm taking it and now have the options to move if I'm unhappy... and of course, I didn't tell them that I am awaiting security clearance for a contract of almost twice the rate, which might take a couple of months to come through.

BTW, I spoke to another agent and he essentially said that agencies are loath to sue contractors with limited companies because it is so hard to get anything.. the contractor can close down the company and not make it worth their while.... straw men is the legal term I believe.