Originally posted by cannon999
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Your contractor friend is not the only one out there, you know. If you don't recommend anyone, as your contract says, then the client goes to the agent and says, "We need a guy." They say, "OK, we'll get you one," and they do. They make loads of revenue and probably rip the guy off and make excessive profit, too. That's the profit they lose because you breached your contract and made a recommendation. And they'll want at least the profit, plus court costs, plus probably enough of a penalty to teach you to never do it again. So I think you can count on their profit loss plus at least 50%, and the court would look favourably on that much of a claim. Penal damages would come in because the breach is blatant, this isn't "I made a mistake and messed up," this is, "You actually just went directly against what you'd contracted to do."
And they just might terminate you, too, and tell the client you breached contract, and they'd be telling the truth.
Just don't do it.
You want to help your mate, and maybe help the client. There's nothing in it for you, you say. Ok. Go to the agent, with whom you have the contract and say, "They want a recommendation, I know I can't do that, but I can recommend the perfect guy for the job. If you'll put him forward I'll back it up." If you really want something for it, you could ask them for a £500 finder's fee or something, or at least a dinner voucher to take your other half to a nice restaurant. Do everyone a favour and stay within your contract all at the same time. What's to lose?
They go to the client and say, "We know you are looking for someone, we've got this guy. He actually even happens to know cannon999 who says he'd be great." Everyone's happy.
Or, if you really want to do it through the client, say, "I actually do know someone who'd be great, but my contract with XYZ Agency doesn't let me make recommendations. If you can sort it out with them, I do know the perfect guy." They do a deal, agency may not be happy but at least they'll get something out of it, and you're in the clear.
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