Securing your contract work (when being asked what you want)

[TheFaQQer]

I disagree although more from a professional than legal standpoint.

I'm with you on that. However, if it is getting into a legal fight, then legally (s)he did no more than was required to the letter of the contract.

[Pondlife]

Walter Sobchak: Am I wrong?
The Dude: No you're not wrong.
Walter Sobchak: Am I wrong?
The Dude: You're not wrong Walter. You're just an asshole.
Walter Sobchak: Okay then.


Sums it up for me really.

[NotAllThere]

Thanks DiscoStu, I had forgotten he was the muppet responsible for those lunatic threads, I'll pass on this thread now

It's only because I recognised him that I carried on reading. Popcorn, anyone?

They'll black-mark you in anycase, if you suggest you want to leave it would have been seen as disloyal and your never back....

[DiscoStu]

Walter Sobchak: Am I wrong?
The Dude: No you're not wrong.
Walter Sobchak: Am I wrong?
The Dude: You're not wrong Walter. You're just an asshole.
Walter Sobchak: Okay then.


Sums it up for me really.

WHS

[TheFaQQer]

It's only because I recognised him that I carried on reading.

It's only because I recognised him that I carried on writing.

[shanti]

I disagree although more from a professional than legal standpoint.

Emailing at 9:30am and saying it's your last day is not giving one days notice IMO.

Especially if you spend half of it offsite. At the very least (s)he should have emailed the day before and phoned the client first thing to find out what/how they wanted to handover. Spending all morning pnissing about with some presentation and then 3 hrs in a meeting before finally speaking to the guy at 4pm is unprofessional in my eyes.

Come on now... the agent knew first thing. The email bounced to the one of the employees of the agent, so I emailed someone else at the agency, then got a call back from them, also stated in that the email that I considered it to be my last day - unless I heard otherwise.

I practically walked out of the building with the manager, chatting to him, and was in the same open office area from 4-6pm and even asked him to sign off timesheets. Completely at his disposal.

I think I was toast in anycase, looks like there would have rolled my services off very shortly - now I have left they couldn't care for it other then ensuring they get their lb of flesh. I guess when people leave - the managers see who was really doing the work, so now they are in the cr*p which is not my professional responsibility.

[shanti]

advice welcome

If you didn't opt out of the agency regulations, in writing, before being introduced to the client, then they can't withhold payment. As long as you can prove that you did the time billed for, they must pay you - if they aren't happy with the work, then that's a matter for the courts to decide.

You can't be forced to go back in and do a handover, whatever they say. If they withhold payment, then you can chase them for late payment fees and interest etc.

However, the question really should be - do you think that you have behaved appropriately or professionally in all this? If the client is asking for a handover, then you should give them a handover and bill them for that time. I certainly wouldn't be doing it for free, regardless of the circumstances, but you have an opportunity here to build some bridges and leave on a better note than you have done. Take it.

Appreciate the reply.

Indeed the poop has hit the fan.

The manager has put a stop to all payment for all the 4 months that I have been working there.

It took forever to get a signed contract after I started the work, they agency revoked the contract and put knew terms and I had to just suck it up and sign it, then the manager kept on blowing of meeting requests for timesheet sign off. Then I put all the overtime in the timesheets and the manager rejected them (even though was advised to do that by a permie peer). Anycase, I got stuck into the work, and before I knew it the invoices got submitted far later than when I started. I have given notice and left but still waiting for some kind of payment.

To date, have not been paid a penny and feel exposed as it does say in the contract that if your 2 months late with submissions the agency does not have to pay. I have spoke to them about this and they said that they will not always enforce this, but I am in the wrong here, I guess?

The worse it yet to come.. now the manager has halted any payments by the agency, citing that he does not have any evidence of a deliverable and thus cannot authorize a payment.

I have date and signed timesheets from him for all the work, including the last day where he signed out the last timesheet close of business of my last working day.

Is it possible for him to stop payment like this? I assume I am based on the time that I work - and not on any deliverable? If I am not delivering they need to terminate the contract.

If I have the signed timesheets and an agreed contract, can the agency be stopped from paying?

I know this is a bag of cr*p to deal with, but welcome your input.

[centurian]

Okay, let's take this a piece at a time

The manager has put a stop to all payment for all the 4 months that I have been working there.

What's the underlying matter here. Client's rarely stop paying purely for the hell of it. Are they in financial trouble? Did they have an issue with your work? Deep down you probably know.

EDIT: Just read back a few pages (probably should have done that first) - think I can see why they are peeved.

I have spoke to them about this and they said that they will not always enforce this, but I am in the wrong here, I guess?

Translation - "we will definately enforce it in your case, but we're gonna let the period kick in before letting you know this".

The worse it yet to come.. now the manager has halted any payments by the agency, citing that he does not have any evidence of a deliverable and thus cannot authorize a payment.

Does the contract mention a specific deliverable, or merely arriving and doing work.

I have date and signed timesheets from him for all the work, including the last day where he signed out the last timesheet close of business of my last working day.

That's the key part on your side. A signed timesheet is probably acceptance of your work being done - see my answer to deliverables above.

Is it possible for him to stop payment like this?

Sure he "can". He just tells the finance department not to pay. Whether this will stand up in civil court is another matter, but that doesn't stop him from being awkward at this moment. It's a civil matter. It's not like you can ring the police and have him arrested.

If I have the signed timesheets and an agreed contract, can the agency be stopped from paying?

If you opted-in, then I think they have to cough up. But my above answer also applies - you can't ring the police if they won't pay.

Also as others have pointed out, an opt-out is only valid if signed before introduced to the client (hardly ever happens). However, you then have to explain to the judge why you signed something which you knew to be untrue (the opt-out form). Doesn't make it impossible, but an extra complexity.

[shanti]

Okay, let's take this a piece at a time

What's the underlying matter here. Client's rarely stop paying purely for the hell of it. Are they in financial trouble? Did they have an issue with your work? Deep down you probably know.

EDIT: Just read back a few pages (probably should have done that first) - think I can see why they are peeved.

The agency was emailed twice and so was the manager in the morning, also the manager signed off the final timesheet close of business, presuming he had ensured everything was as needed. I think stuff has fallen through the cracks and I am expected to sort it out. I am not inspired by the stopping of payments - its a distraction.

Translation - "we will definately enforce it in your case, but we're gonna let the period kick in before letting you know this".

Does the contract mention a specific deliverable, or merely arriving and doing work.

Just mentions Services hours and not fixed deliverable - like most contracts

That's the key part on your side. A signed timesheet is probably acceptance of your work being done - see my answer to deliverables above.

Sure he "can". He just tells the finance department not to pay. Whether this will stand up in civil court is another matter, but that doesn't stop him from being awkward at this moment. It's a civil matter. It's not like you can ring the police and have him arrested.

If you opted-in, then I think they have to cough up. But my above answer also applies - you can't ring the police if they won't pay.

Also as others have pointed out, an opt-out is only valid if signed before introduced to the client (hardly ever happens). However, you then have to explain to the judge why you signed something which you knew to be untrue (the opt-out form). Doesn't make it impossible, but an extra complexity.

Opted out. Crafty buggers have mixed together the bit where you Opt out and where you sign the main contract. Although they did provide a DTI form which I agonized over and opted-out. Had to do this as they being a pain over the contract and I could tell the manager was getting annoyed if I did not comply and sign up with everything the agency wanted.


"Valid accurate invoices supported by signed timesheets must be submitted no later than 2 months from the end of the month of which the work was performed. Failure to submit invoices and/or timesheets within the appropriate timescale may result in non-payment (of that invoice/timesheet)."

Have to check the above to see if I did not comply, think I was out of the time period. Its in there, as they client may reject an invoice which is out of that time frame.. but if I can get the client to agree to pay it, does the agency have to pass it on? Judging from the above contract - not eh?

[MaryPoppins]

I'm fairly sure that guidelines state that agencies must not broach opt in/out within the contract, but I know a lot do it.

You are therefore opted in by default, as I assume you were introduced to the client before you saw the contract. Only really means anything if you take this further legally I guess.