Agency Not Paying Up Advice Needed

[Mailman]

You dont need the agents agreement if there is a clause in your contract that allows for early termination of the contract.

Mailman

[Alf W]

I'm not sure you are entitled to anything. The client could claim they let you have the 4 weeks notification period as unpaid time (eg if I have a week's holiday at the client's discretion, I can't charge). The client can legally hold you to work the 4 weeks as per contract or choose to release you as per your request.

That might not be what you wanted to hear......

[Mailman]

Well it sounds like he has agreement from the client to the four week payout so he should be fine.

Mailman

[Alf W]

What client is going to agree to pay a Contractor four weeks worth of money for work they aren't going to do when it's the Contractor who is asking to terminate the contract?

Sounds more like "we're not going to hold you to the four weeks so just **** off now".

[tim123]

I agree with Alf. I think that there was a misunderstanding in what the client said. Unless the bit of paper says, "p1ss off now and we'll still pay you", you are going to have a hard time convincing a judge that this is what the client meant.

tim

[Mailman]

no had been there for about 4 months, and then gave one months notice, which i was entitled to do, client wasnt happy and they said they would pay me the notice.

Got all that in an email from both the client and the agency

Seems he has it all covered.

Mailman

[SandyDown]

I agree with Alf. I think that there was a misunderstanding in what the client said. Unless the bit of paper says, "p1ss off now and we'll still pay you", you are going to have a hard time convincing a judge that this is what the client meant.

tim

Are you sure that the client haven't paid?? if so it should be the agency's job to chase them, believe me they'd want to have their cut... I do have a feeling that the client have paid the agency and the agency may want to keep the whole lot.... in any case your contract is with the agency not with the client directly, hence you need to pressurise the agency to pay up, if they haven't got the money they'll kick the client to pay up

[insight14]

Its probably just the agent stringing you along. You're not of any further use to them, so your just another creditor now. Don't forget the agent is probably on 30 or 60 day payment terms with the client, and might be worried about getting paid for the 4 weeks themselves.

Patience will probably win the day on this one, but you should keep chasing it regularly - if only to show how reasonable you have been in a later court appearance.