Forced to renew

[PerlOfWisdom]

Ianan Iaafm

[Not So Wise]

I did chase them and have the emails to prove it. I don't think their 'lack of compliance' constitutes legal grounds to void my renewal responsibilities.

If you did chase them up and gave a reasonable time for them to respond and they still failed to back up the verbal agreement with a written one i doubt there would be any judge in the land who would say you would still have to be bound by the verbal agreement as their lack of action could easly be taken as an unwillingness to complete the verbal agreement.

By sounds of things what happened here is they were probably waiting for the client to return their contract and waiting till they that in hand, they are now legally bound by that to supply you to the client, but you are not legally bound to supply yourself.

10 min's with a lawyer would probably clarify this for you.

If other job is truely gone i would use the little jam the agency have put themselves in to negociate a nice rate raise.

[mcquiggd]

Actually Im in a similar position - the agent (who in another thread I had praised!) has not fulfilled his side of our verbally made agreement - when the renewal contract arrived it was on the same terms as previously.

I know from other contractors that they havent received theirs either... requested schedules to be added to assist with IR35 are ignored and the agency keep sending out the standard ones.

We all finish a week tomorrow; ive replied by email to the contract department who issued the renewal (and the agent), and received a response so I have confirmation that I have NOT accepted the contract as it did not reflect the verbal agreement.

I have also emailed, and faxed, the contract department to ask them to confirm if they are able to fuflfill their agreement, and that if I do not receive a response by 12.00pm tomorrow I will inform the client of the inability of the agency to fulfill their comittments, and request that next week be spent as a handover period / documenting my work to date.

Ive been open with the client, and told them each of the occasions where there has been difficulty with the agency. I have also told them that I had interviews with other companies (which is true), and that I would keep them informed of the situation.

Luckily I have a lot of interest for other contracts, but id like to give at least a months notice to the client to make sure the project is a success - I am halfway through the recruitment process for a lucrative local PERMIE job (!) and they have said 'well wait at least a month, no problem, and longer if required.' They seem to appreciate a professional approach.

[bogeyman]

I
Am
Not
A
Lawyer

Correct. However, I feel compelled to say... YAAPOTFWAAGNTB

You
Are
A
pedant
of
the
first
water
and
a
grammar
nazi
to
boot

[thunderlizard]

I am not a lawyer
Nor care I who doth feed upon my cost.
It yearns me not if men my garments wear.
Such outward things dwell not in my desire.
etc.

[mcquiggd]

Actually today has been a bit of a result....

Negotiated with the two agencies and the client ... Im in the running for a local (Perm) job I really want - .Net 2, Asset Management and Investment Banking Experience.... very close to home, good salary.

Talked to that agent first and found out how long the company would wait - about 6 weeks would pose no problem....

Didnt want to let the current client down, thought that a month was required to do a professional handover / documentation and training, but was open that I couldnt renew for 3 months and that I had another option open to me.... the client contract with the agency is that there is no notice period from the contractors side.

So, two phone calls and two visits to the Business Manager for the client...

Final outcome:

Current client offers me a two month contract, option to extend after that if the permanent option I am pursuing falls through, and if there is a break between the end of the renewed contract and me taking up another role, they will renew me on a weekly basis if required....

Agent for the permanent company confirms that they would be willing to wait for my contract to finish to take me on....

Current agent drops his margin to get me an 8% pay rise.....

Acted professionally, have a contract plus options, everyone is happy and it reflects well on me for being honest.

[Alf W]

No paperwork or witnessed official agreement = no obligation either way.

I'd just politely walk.

[vista]

Oops

I did chase them and have the emails to prove it. I don't think their 'lack of compliance' constitutes legal grounds to void my renewal responsibilities.

Have you ever tried to enforce a verbal contract? You'll find its impossible because there is no contract to enforce.

Verbal contract B)ll Ocks!

Agent: Mr Judge, Fred said he'd work for me
Fred: Only after Agent agreed to a 400% payrise
Agent: No we didn't
Fred: Yes we did
Agent: No we didn't
Fred: Yes we did
Judge: IS anything written down?

Can we all see a picture materialising, its not whether a verbal contract is valid or not its whether its enforcible that matters, any kind of problem only arises if all parties agree the content of the 'verbal agreement' but even then all parties would have to agree remedies for breach.

[cojak]

Try telling that to Kim Bassinger....

[xoggoth]

That was Sherilyn Fenn