Finishing a week early

[Marko]

My existing company have given notice that they won't be extending my contract. I've had a good run with them, though, and been there for a year (three x 3 month extensions).

The company have been reasonable and said that they are happy to let me go a week early if I get something. Great news! I have and I start my new role on Monday.

Contacted my agent and he's basically said that's OK, but he's going to deduct almost a day's pay from my last payment, claiming that it's the contractual loss. Given the margin he's been on for the year, then it seems a bit steep, given he nearly cocked up the last two extensions anyway.

Any ideas guys?
Thanks.

[d000hg]

Tell him to do one if he ever wants you to work with him again.
Or get the client to end your contract a week early.

[Marko]

Tell him to do one if he ever wants you to work with him again.
Or get the client to end your contract a week early.

Can they do that today?

It's my last day here today and everything's gone well. Apart from this.

[AnthonyQuinn]

Can they do that today?

It's my last day here today and everything's gone well. Apart from this.

Actually this is a bit of a pickle. Is there a notice period in your contract with the agent?

A tip - Always start discussions with the agent first on any rate or duration issues.

[thunderlizard]

I'd be surprised if your contract allows the agent to make that deduction (though it might...). Lack of profit != damages, if that's what he's thinking of.

[Marko]

I'd be surprised if your contract allows the agent to make that deduction (though it might...). Lack of profit != damages, if that's what he's thinking of.

Unfortunately it's safe at home.

My new agent doesn't think it's legal.

[northernladuk]

Unfortunately it's safe at home.

My new agent doesn't think it's legal.

But you aren't going to hire a lawyer to sort it out so that doesn't matter. You just have to play the handbags game with him I am afraid and see how far he/you are willing to take it.

Just to play devils advocate if you had a contract with a termination clause in and he has a contract with the client, you and client work a deal where the agent loses out by not following the contract you expect him to be a bit pissed off??

Your contract is with the agent, not the client and the agent is just protecting his money that he is rightly due. By leaving a week early you have screwed him over.

[Wanderer]

Contacted my agent and he's basically said that's OK, but he's going to deduct almost a day's pay from my last payment, claiming that it's the contractual loss. Given the margin he's been on for the year, then it seems a bit steep, given he nearly cocked up the last two extensions anyway.

I think that's utterly outrageous, name and shame the I say. What if you took a holiday, would they screw you for that too?

Let's spin this around a bit. Will the agent be suing the client for loss of profits? No? I didn't think so. So why should they pursue the worker? That's just sharp practice and I wouldn't stand for it.

Email them saying that as there is no mutuality of obligation in the contract, there is no obligation on you to carry out work for the client nor for the client to offer you work. Therefore, no breach of the contract has occurred. Any invoice which is not paid in full by the due date will incur interest and penalties.

[AnthonyQuinn]

Email them saying that as there is no mutuality of obligation in the contract, there is no obligation on you to carry out work for the client nor for the client to offer you work. Therefore, no breach of the contract has occurred. Any invoice which is not paid in full by the due date will incur interest and penalties.

They are absolutely within their right to penalise the contractor. Its just the same as if the agent had terminated the contract one week early with the contractor. If you don't follow standard notice period and communication procedure then expect the worst.

You can take a holiday but starting a contract with someone else is different. It will almost certainly be a reach of your contract with the existing agent if you have, without informing them or notifying them in advance, signed a contract with someone else which makes it impossible for you to service the existing one.

This could have easily been managed by talking to the person with whom you have the contract (i.e. the agent, just in case you didn't know that). The name and shame applies to the contractor and not the agent.

Imagine if you had terminated the contract with mutual agreement months in advance. Have you respected any terms and conditions that might be in the contract between the agent and the client?

[Paddy]

just go sick and get a doctors cert. Its force majeure