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Can I go direct?

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    Can I go direct?

    Afternoon

    I coming to the end of a 6 month contract - my co > agent > client co.
    Contract my co > agent has a 6 month clause saying I can't work for client co.

    However client co has assigned me to end client - this is a named assignment in contract.

    Do you think I could get a new gig direct with end client?

    #2
    Originally posted by ctdctd View Post
    Afternoon

    I coming to the end of a 6 month contract - my co > agent > client co.
    Contract my co > agent has a 6 month clause saying I can't work for client co.

    However client co has assigned me to end client - this is a named assignment in contract.

    Do you think I could get a new gig direct with end client?
    You probably could however you haven't provided enough info here to determine whether you would get sued or not.

    Comment


      #3
      Originally posted by oracleslave View Post
      You probably could however you haven't provided enough info here to determine whether you would get sued or not.
      I'll have a read through the contract and post any relevant clauses.
      I don't think there is any mention of the End client except as the (misspelt) address of the "assignment" - everything refers to Client Co.

      End client wants to offer me a contract direct but doesn't want to deal with the agent.

      Comment


        #4
        can I go direct?

        hello,

        yr client may want u to go direct, but do you want to yrself?

        Is it not quite unusual for clients to ask to do this?

        I'm finding that the client wants to get away from engaging with ltd co contractors directly - and increasingly they pass it over not just to agencies but to horror of horrors, managed service providers (larger agencies).

        Also, I may've misunderstood but is there not a non-solicitation clause in yr current contract?
        bye

        Comment


          #5
          Well this is what the contract says about the 6 month restriction:-

          The Contractor shall not supply its services directly to any Client for which it has carried out Assignments.

          As far as I can see, nothing stopping my co dealing with end client at the assignment address.

          Comment


            #6
            This is a difficult one to answer as none of us or you will have seen the relevant contract.
            The relevant contract is the one between your agent and your client.
            It is highly likely that there will be a clause preventing your client or one of their clients cutting the agent out of the deal.
            I am assuming that you have a contract with your agent stating you can not work direct with the client or any of its subsidiaries aswell.

            The big question is how would the agent ever find out and what would they do if they did. This all depends on how big the client is and how much it would cost to recover any loses.
            I suspect the cost would fall on your client not you if your contract only mentions the agents client.
            I am not qualified to give the above advice!

            The original point and click interface by
            Smith and Wesson.

            Step back, have a think and adjust my own own attitude from time to time

            Comment

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