Urgent: Can I Sue?

[Jsecure]

I have recently started a three month contract, via a recruiter. I am working with a company which is a big multinational, selling software solutions business to business.

I have worked at the client of my client for ten days, and now the project has finished. It has turned out the sales guy at the multinational software solutions place dreamed up that the job would take three months. It took ten days. The client of the client are finished with me, and I have nowhere to go tomorrow.

Point remains though, that I have written confirmation from my recruiter of having accepted and started a three month contract with the big multinational, and I have an exact start and end date, and daily rate, in the email and everything.

I'm thinking the recruitment company must have a counterpart written contract between them and the multinational, to supply me for three months.

Now to my thinking, it's a crying shame for the multinational that their client no longer requires me, but they must have signed a three month contract to buy in my time and skills, between the two rigidly defined dates (start date, end date) at the exact defined daily rate in the contract, which will be slightly higher than what I get, cause the recruiter and their company hold the contract, and they take their cut etc, etc.

So my thinking is, even if I get the job of shuffling papers at the multinational's offices, surely I am now employed by them, regardless of the whims of any of their own clients, for three months. And whatever happens, I should be able to get the full pay from the three month contract.

I'm thinking I should do the following:

i) Ask my recruiter for a full copy of the contract between them and the multinational for use in court.

ii) Speak to a solicitor about making a claim for compensation for the remainder of the contract still to run.

What do you guys think? I guess there's always the possibility the recruitment company have a dodgy contract with the multinational that has some crazy get out clause in case of subclient changing mind type thing, but if no such clause exists, do you think my case is good?

[BrilloPad]

Personally I would turn up at the multinational - and do whatever I was given. They may well have other clients waiting?

People have posted here about similar circumstances and how spurious claims were then made to terminate contract early.

[RichardCranium]

Random thoughts:

Normally all that matters is the contract between you and your client which ni this case sounds like the agency. Other contracts have nothing to do with you.

Are you PAYE or Ltd Co.? That might make a difference.

Firstly, turn up. If you fail to turn up you will be in breach of contract and you've lost before you start. It doesn't matter if they won't let you on the premises, just make sure you phone the agency from Reception.

Do not rely on the recruitment agent being on your side - 2 months of commission is of no interest to them but keeping their client sweet is.

Also, it is not uncommon to simply be told in cases like this that "your work was unsatisfactory" and there is nothing much you can do about that.

If this were ever to go to court (it won't), you will only get compensation for losses. You must make an effort to minimise those losses, so get your CV out today and let agents know you are free again. You might have another gig on Monday!

Try and see if your agent is partly human: explain you will be in deep trouble financially and need another gig ASAP.

If you are a contractor: this is why companies use contractors. Do not expect full employment rights: you get extra money to compensate for not having them.

If they have finished with you, try and get your business card in the hands of the people you worked with, and make sure they know you were really happy to be there and would be happy to take on more work within the organisation.

[slackbloke]

I have recently started a three month contract, via a recruiter. I am working with a company which is a big multinational, selling software solutions business to business.

I have worked at the client of my client for ten days, and now the project has finished. It has turned out the sales guy at the multinational software solutions place dreamed up that the job would take three months. It took ten days. The client of the client are finished with me, and I have nowhere to go tomorrow.

Point remains though, that I have written confirmation from my recruiter of having accepted and started a three month contract with the big multinational, and I have an exact start and end date, and daily rate, in the email and everything.

I'm thinking the recruitment company must have a counterpart written contract between them and the multinational, to supply me for three months.

Now to my thinking, it's a crying shame for the multinational that their client no longer requires me, but they must have signed a three month contract to buy in my time and skills, between the two rigidly defined dates (start date, end date) at the exact defined daily rate in the contract, which will be slightly higher than what I get, cause the recruiter and their company hold the contract, and they take their cut etc, etc.

So my thinking is, even if I get the job of shuffling papers at the multinational's offices, surely I am now employed by them, regardless of the whims of any of their own clients, for three months. And whatever happens, I should be able to get the full pay from the three month contract.

I'm thinking I should do the following:

i) Ask my recruiter for a full copy of the contract between them and the multinational for use in court.

ii) Speak to a solicitor about making a claim for compensation for the remainder of the contract still to run.

What do you guys think? I guess there's always the possibility the recruitment company have a dodgy contract with the multinational that has some crazy get out clause in case of subclient changing mind type thing, but if no such clause exists, do you think my case is good?

Ultimately, any contract between the client and agent has nothing to do you/your company. However, is there no termination clause in your contract with the agent? I think if there isn't (which would make it poor contract on the agents part) then you still have no grounds. What exactly did the agent say after the 10 days? As you have or presumably will be paid for the 10 days, I think your best option is to just move on, there would be very little gain from the time and money to sue.

[slawrence]

termination clause

Check your contract for a termination clause. It should contain a stated period, i.e. 4 weeks, 2 weeks should you or the end client wish to terminate early.

[ratewhore]

Aren't you talking about mutuality of obligation? Mal will be along in a minute to tell you all about it.

Upshot is, don't waste time trying to sue. Use your time constructively finding another gig.

And by the way, you're not employed by them...

[RandyW]

Aren't you talking about mutuality of obligation? Mal will be along in a minute to tell you all about it.

Upshot is, don't waste time trying to sue. Use your time constructively finding another gig.

And by the way, you're not employed by them...

And lesson for next time, it's easy to spin out 10 days work into 3 months

[zathras]

I have recently started a three month contract, via a recruiter. I am working with a company which is a big multinational, selling software solutions business to business.

I have worked at the client of my client for ten days, and now the project has finished. It has turned out the sales guy at the multinational software solutions place dreamed up that the job would take three months. It took ten days. The client of the client are finished with me, and I have nowhere to go tomorrow.

Point remains though, that I have written confirmation from my recruiter of having accepted and started a three month contract with the big multinational, and I have an exact start and end date, and daily rate, in the email and everything.

I'm thinking the recruitment company must have a counterpart written contract between them and the multinational, to supply me for three months.

Now to my thinking, it's a crying shame for the multinational that their client no longer requires me, but they must have signed a three month contract to buy in my time and skills, between the two rigidly defined dates (start date, end date) at the exact defined daily rate in the contract, which will be slightly higher than what I get, cause the recruiter and their company hold the contract, and they take their cut etc, etc.

So my thinking is, even if I get the job of shuffling papers at the multinational's offices, surely I am now employed by them, regardless of the whims of any of their own clients, for three months. And whatever happens, I should be able to get the full pay from the three month contract.

I'm thinking I should do the following:

i) Ask my recruiter for a full copy of the contract between them and the multinational for use in court.

ii) Speak to a solicitor about making a claim for compensation for the remainder of the contract still to run.

What do you guys think? I guess there's always the possibility the recruitment company have a dodgy contract with the multinational that has some crazy get out clause in case of subclient changing mind type thing, but if no such clause exists, do you think my case is good?

I would suggest 'No' - you are a freelancer and having a job end early is just as much part of the role as getting renewals.

Surely you had some idea that the work would finish early, in which case why were you not still looking?

[Mustang]

Aren't you talking about mutuality of obligation? Mal will be along in a minute to tell you all about it.

Upshot is, don't waste time trying to sue. Use your time constructively finding another gig.

And by the way, you're not employed by them...

WHS

[tay]

You did a 3 month long job in 10 days? Fool