Returning to work via a diff agent

[Mailman]

Apologies for the basic question, but I keep seeing the phrase "allows for the agents to be managed out of the business relationship". What exactly does "managed out of the business relationship" mean?

It means that they can be dropped from the contract and you can go to another agent or direct with the client without any problems.

Mailman

[Mindomoo]

Has the original agency breached in anyway?

I am currently suing a well known agency for 23K in unpaid invoices - because the agency never had a client contract in place and refuses to pay myco until the client has paid them.

The client however wants me back and have been as shafted by agency as I have.

I am going back via a different agencyt despite a restraint clause - primarily because the agency are in breach of their contract with me.

[tim123]

I am currently suing a well known agency for 23K in unpaid invoices - because the agency never had a client contract in place and refuses to pay myco until the client has paid them.

The client however wants me back and have been as shafted by agency as I have.

How can the client have been shafted if they have had work done and not paid anything for it?

I am going back via a different agencyt despite a restraint clause - primarily because the agency are in breach of their contract with me.

You have to be careful here. A breach of contract does not void the other terms in it.

tim

[swamp]

Just go with the other agency and keep things quiet. I've seen this done before.

If the original agency finds out what are they going to do? Nothing because any action would involve taking your Ltd to court and ultimately upsetting the client, resulting in no more placements.

[swamp]

Or you could just opt-in with the second agency. Would probably mean one hell of a legal mess should the first agency sue for breach of contract...

[Mailman]

I am currently suing a well known agency for 23K in unpaid invoices - because the agency never had a client contract in place and refuses to pay myco until the client has paid them.

Are you opted in our out?

Mailman

[Mindomoo]

How can the client have been shafted if they have had work done and not paid anything for it?



You have to be careful here. A breach of contract does not void the other terms in it.

tim

No, but a 12 month restraint on a 4 month contract is highly likely to be thrown out anyway if they tried to sue me under it.

I have it from a director of the agency in question that they know they should pay me even before the client pays but thats not the way they work so "what am I going to do about it"

So now not only do I want my money, I want blood.

Whether it will help or not, I believe the PCG and Atsco are now involved

[Mailman]

Are you opted in or out geez?

Whats PCG going to do that your own lawyer cant do, and much quicker I would imagine?

Mailman

[tim123]

No, but a 12 month restraint on a 4 month contract is highly likely to be thrown out anyway if they tried to sue me under it.

A 12 month restraint perhaps, but the (short) length of the original contract is irrelevent. If it wasn't you could sign a 1 day contract and then ditch the agent on the basis that a restraint period longer than 1 day is disproportionate.

But the amount of original billing isn't the thing that the restraint has to be proportional to, it's the cost of acquiring a new client that is being recovered here. Arguablty the restraint should be shorter, the longer the original contract lasts, not the other way round.

tim

[Mailman]

No, you cannot with hold payment for a contract because the contractor has gone direct. The would be a penalty clause and penalty clauses are unenforceable.

If they really want to recover the cost of losing that client then they will have to take you to court. The only reason they would have with held the money is that its a lot easier for them to do so than to waste tens of thousands on a course of action they are more than likely to lose.

The funny thing when I was dealing with my dodgy f*ckers was they wanted to have "our" issue dealt with under the old regulations but when they were informed that if they did this then their actions become criminal, and not merely civil, they had a change of heart

But I digress.

Mailman