Could i sue

[geejaybee]

Hi,

I know this happens frequently but i have documentary proof that an agent has misrepresented me to a client and told them I withdrew so that they could place another candidate who was prepared to take a lower daily rate and hence increase the agency margin. Could i sue for loss of earnings and possibly compensation. Also is there any professional or trade body i can report this to?

Thanks

[kingcook]

Hi,

I know this happens frequently but i have documentary proof that an agent has misrepresented me to a client and told them I withdrew so that they could place another candidate who was prepared to take a lower daily rate and hence increase the agency margin. Could i sue for loss of earnings and possibly compensation. Also is there any professional or trade body i can report this to?

Thanks

Might be best speaking to a solicitor.

[northernladuk]

Even if you could which I doubt it is going to be a worthless task. You haven't technically lost anything so it will be difficult to prove loss. At best you will only be able to claim the difference between what you would have earned for this gig and when you get your next one if you get me, the period you weren't working when you could have. No chance of compensation. You didn't have a contract so it will be easy to argue this is all an assumption on whether you actually got the gig and whether there was actually any work to do and so on. These assumptions don't amount to a solid loss so near on impossible to claim. To do this is going to cost you a lot of time and money as well.

Forget it and move on.

[SueEllen]

You could report the agency to REC if they are a member. Though I think it's pointless as they are regulated by themselves.

If you have written evidence of the agency actions then if you get on well with or meet someone from the client socially who is responsible for hiring then you can tell them and provide them with it. There are clients who aren't green and deal with agencies by dropping them or forcing them onto fixed margins.

Nothing you will do will get your contact back.

[CheeseSlice]

Rather than go after the agent for damages, can you contact the client/interviewer (linkedin?) and let them know that you are still available? You could even make it look like you were grateful for the interview even though unsuccessful this time (as informed by the agent). Agent would have some difficult questions to answer if the client really wanted you.

Do you know if they even took the other candidate? They may still be searching for someone.

[doodab]

You might be able to argue that by saying you withdrew when you didn't the agency damaged your professional reputation. That would be a tort and hence damages could be payable.

[jmo21]

You could report the agency to REC if they are a member. Though I think it's pointless as they are regulated by themselves.

If you have written evidence of the agency actions then if you get on well with or meet someone from the client socially who is responsible for hiring then you can tell them and provide them with it. There are clients who aren't green and deal with agencies by dropping them or forcing them onto fixed margins.

Nothing you will do will get your contact back.

Guessing this came from someone at the end client. Hopefully they have taken a dim view of the agency and gave them the boot!

[Pogle]

This has happened to me and I was pissed off about it.
I contacted the end client to let them know what had happened.
5 mins later I got a seriously cheesed off agent on the phone, who had obviously been caught out telling porkies.

It made me feel a little better, but in the end you have to suck it up and move on.
Tis the nature of contracting......

[Wanderer]

I'd make it clear to the client what the agent has done. Hopefully it will make the client more aware of the way agents work in future but realistically there isn't much you can do really. I would also report the agent to REC if they are a member.

I contacted the end client to let them know what had happened.
5 mins later I got a seriously cheesed off agent on the phone, who had obviously been caught out telling porkies.

Stick it to them.

[GB9]

Even if you could which I doubt it is going to be a worthless task. You haven't technically lost anything so it will be difficult to prove loss. At best you will only be able to claim the difference between what you would have earned for this gig and when you get your next one if you get me, the period you weren't working when you could have. No chance of compensation. You didn't have a contract so it will be easy to argue this is all an assumption on whether you actually got the gig and whether there was actually any work to do and so on. These assumptions don't amount to a solid loss so near on impossible to claim. To do this is going to cost you a lot of time and money as well.

Forget it and move on.

Exactly what NLUK said.

As others have alluded to, the only positive step would be to contact the client and tell them you have certain skills and are they interested. You may even come out with a better deal.