Contract clause headache

[Hogan]

I recently started a new contract at a previous client, after a two month break. This time the client approached me directly, and wanted to avoid using an agent to keep costs as low as possible so we came to a compromise over rate.

Now my previous agent has contacted me stating that my previous contract had a 4-month tie-in, where I would have to work through them if I went back. I'm trying to avoid doing this as the cut would have to come out of my day rate.

Has anyone had a similar experience? What can the agent do if the client (and myself) tells them they don't them involved?

Thanks in advance!

[tim123]

I recently started a new contract at a previous client, after a two month break. This time the client approached me directly, and wanted to avoid using an agent to keep costs as low as possible so we came to a compromise over rate.

Now my previous agent has contacted me stating that my previous contract had a 4-month tie-in, where I would have to work through them if I went back. I'm trying to avoid doing this as the cut would have to come out of my day rate.

Has anyone had a similar experience? What can the agent do if the client (and myself) tells them they don't them involved?

Thanks in advance!

Sue for their financial loss.

tim

[oracleslave]

Sue for their financial loss.

tim

They could probably sue both of you i.e. you and the client. Whether they will or not is another story though...

[Hogan]

Thanks ... and the chances of them doing this .. ?!

[oracleslave]

Thanks ... and the chances of them doing this .. ?!

Will probably depend on:

1) The strength of the clauses
2) Whether they foresee future work for themselves at your client
3) How much they felt they could get

etc etc

[joulupukki]

doh..

In similar situation myself.

My cooling off period is set at 6 months, and now my ex client wants me back for 8 days only after 5 months. What to do?

[pleomax]

Now my previous agent has contacted me stating that my previous contract had a 4-month tie-in, where I would have to work through them if I went back. I'm trying to avoid doing this as the cut would have to come out of my day rate.

Ok what I would like to know is who did you upset to blab to your previous agent about you going direct?

Also is the client approached you direct WTF has it got to do with them as it is a B2B arrangement.

Or do I have my bolishe contractor hat on?

Pleomax (Almost typed my real name there again)

[Hogan]

Well, the agent has sources in place I think .. he's put in several people here over time, although most of them are now gone. He must have been doing a fair bit of snooping I think ... very sneaky.

How does a B2B arrangement change this? Can this render the contract clauses invalid, or is this simply wishful thinking??!

Is there any workaround - e.g. not invoicing for say two months until outside of the tie-in period ??!

[NickNick]

Were you opted in or out? Or perhaps more importantly were you opted out when you really should have been classed as opted in? That would make a difference to the restriction of trade clause. (or whatever its called these days)

[Hogan]

There was a deal of coercion when I signed the original contract to opt-out - I believe that otherwise, the tie-in period would have been 8 weeks, thus avoiding this issue ...

I might have some emails still lurking with this ...