Implications of walking out

[premiere]

Bit of a daft one here, but I have never had to consider walking before.

Started a new contract some weeks ago (5) ...

From the moment I was offered the job, I was hassled immediately by the agent to sign and fax back an e-mailed contract. I did sign and return on the day of offer.

Started the job...no hard copy contract came through the post...yes I have in my possession, the e-mailed copy, but it has no signature by a representative of the agent on it.

Anyway, to cut a long story short. The agency do 'electronic timesheets' and the end client has to 'electronically authorise timesheets'.

The agent has still (after repeated calls and emails from me) failed to provide me with any details on

A. How to do this
B. Provide myself or the end client Portal Login Details

Therefore I have not been paid since I have been here and am now considering walking. I have told the agent this and ever since, they are now ducking my calls.

I took the unusual path of speaking to the end client (who is well happy with my work) to see if they could do anything to 'push' agency along.

Their reply was 'sorry, but it's between your business and the agency and we cannot become involved'

Do I walk and risk losing all the money I have earned thus far? What are the implications of walking (legally)

My contract states that the agency will pay within 14 days of invoice /authorised timesheet being received, but I cannot fill in an electronic timesheet...cos I have no login details!!!

The agency have thus far also refused a paper timesheet (I could knock one up) and also refuse to accept hard copy invoices (apparantly these are raised automatically at the same time as the timesheet is created on thier system)

Wots to do?

[Flubster]

Can you try sending in a paper timesheet? That must be sufficient I would've thought.

[Cliphead]

Name & shame

I did walk out of a contract several years ago because of similar circumstances. Usual threats from the agency - "you'll never work in IT again", "We're going to take you to court", "Yer blacklisted", etc. It came to nothing and I still get calls from them despite being told to feck off.

[premiere]

Told'em that's what I would do, but their response was..."We do not accept any timesheets other than those electronically submitted"

What a pile of old poo eh?

That'll teach me for using an S3 agency!....Never again!

[AtW]

Do I walk and risk losing all the money I have earned thus far? What are the implications of walking (legally)

IANAL, but: a contract is a contract even if it's verbal, but in this case you actual have some docs even though they are in electronic format and not signed. The fact that you actually worked on site of the client for 5 weeks should be more than enough to satisfy a judge that you actually did your part and on balance of probabilities it shows that there was a contract and you did your part, thus the agency is lieable to pay you the money they owe, possibly a lot more if their inaction results in you having to walk away from contract and thus losing income.

I'd do the following:

0) talk to contract solicitor, this should not take more than an hour

1) send final letter by special delivery with firm demand to provide you with contract, payments etc, otherwise threaten to take legal action

If no response, then:

2) sue in small court (assumes they owe you less than 5k).

3) mentally be prepared to lose any future business with the agency and probably the client too, but at least you will gain some good experience and dignity as well as kick some butt.

[premiere]

Wish it was less than 5k...

Have done 5 weeks + 2 days at 500 p/d!

[AtW]

ok, sue for part of it that is less than 5k - say for first 2 weeks. In all probability the agency will settle without going to court, if they will they I can't see them winning and it will cost them a lot since solicitor fees there (small claims) are not recoverable.

Before you decide to sue however you need to make written effort to resolve the situation, definately sending info by email (as they want it electronically) and by paper with special delivery: make sure you keep receipts and copies of text you send, and make sure you warn there of legal action if they do not act as per contract.

And if you earn that much (good for you!) you should actually pay a solicitor to have a chat for an hour, some even will give you free initial consultation, though resist the temptation to let them do the whole thing - they will most likely rip you off.

[ChimpMaster]

Might be an obvious question, but have to tried speaking to the management at the agency, or even going to their offices?

Name & Shame is always the way to go.

[BoredBloke]

They cannot stipulate something knowing that you cannot comply with it. It might just as well say that they will not pay you unless you can fly.

You have done 5 weeks, if the terms were that you would be paid after x days, then they are in breech of contract. I would take them to court for the outstanding amount, plus an element of interest.

[Mordac]

Is it Madison Black?