Reply to: Where do I stand (legally)?

[northernladuk]

WWS.

I generally do not say no to any other offers till the time, I am on site, and worked for a full day. This gives me an opportunity to actually see if I can survive the work place/enjoy the new place, and gives me a much needed back up in case the contract goes tulip.

HTH.

What????

Surely this one comes back and bites you on the ass regularly? .. and how can one day at work give you any idea? This doesn't sound good at all. Maybe I am missing some detail here.

[rd409]

Some agencies will dick people around and it's really annoying but as the others say that's part of doing business and you have to deal with it. Unless you have a signed contract then the offer can still fall through.

It might be worth talking to the client and asking then what went on, I don't trust anything agents say.

WWS.

I generally do not say no to any other offers till the time, I am on site, and worked for a full day. This gives me an opportunity to actually see if I can survive the work place/enjoy the new place, and gives me a much needed back up in case the contract goes tulip.

Also would it be better for you, if the client just served you notice on the first day? Getting turned down before you start is way better than being marched out prematurely.

HTH.

[jmo21]

Another agency, the one who "owns" this client, confirmed the full story and also emailed me about what had happened and that there was no offer given at all as he spoke to the managing director who signs off all the resourcing etc... and contracts.

How is this proof? Have the end client confirmed this to you?

[Wanderer]

Well, I was told I had the job/contract and they were sorting out start dates/payment terms.
I found out through another agency who actually has the "right" or "ownership" of the client/account that whilst I did have an interview, there was no offer ever made to anyone at all.

Some agencies will dick people around and it's really annoying but as the others say that's part of doing business and you have to deal with it. Unless you have a signed contract then the offer can still fall through.

It might be worth talking to the client and asking then what went on, I don't trust anything agents say.

[centurian]

Can you prove it, in a legal way, beyond doubt?

"Balance of probabilities" (i.e. 51% certain)

Still difficult though.

[VectraMan]

I have in writing that the client has given me an offer with the daily rate stated. The conversation about negotiating the payment terms was done over the phone and he also confirmed on the phone that I was given the offer.

Another agency, the one who "owns" this client, confirmed the full story and also emailed me about what had happened and that there was no offer given at all as he spoke to the managing director who signs off all the resourcing etc... and contracts.

Hang on a minute. Why are you listening to this other agent who contacts you out the blue and claims to "own" the client? Have you heard from the client to say that this is the case, or from your agent?

[PSK]

Always difficult having an informed opinion without sight of the full details but legally you might have some rights unless the agency have the appropriate cover in their standard terms and/or the agreements they've set out or exchanged. Many organisations establish their terms, model contracts, agreements and such like to minimise their liabilities or prevent the creation of a contract until final contracts/agreements are formally exchanged (though the commercially aware agents who get the legals right may legally get closer in binding the contractor to them to restrict that contractor going direct or through another agent before that point).

That said, commercially, even if there has been a misrepresentation (and I might not always set full store around statements from other agents, such as "he spoke to the managing director who signs off all the resourcing..." - For example, I've seen plenty of organisations establish procurement controls and then workers inside them circumvent these controls), I doubt you would find this a productive avenue financially without even taking into account the opportunity cost of your time.

[BolshieBastard]

Well, I was told I had the job/contract and they were sorting out start dates/payment terms.
I found out through another agency who actually has the "right" or "ownership" of the client/account that whilst I did have an interview, there was no offer ever made to anyone at all.

So basically, the original agency lied about it. yesterday they blagged their way out of it saying that there was some techincal problem where the client thought they had a need for a contractor for one of their projects hence why they were looking but after re-evaluting their needs they dont need anyone.

So I had an offer (through the agency) and got taken back. I had to turn down the other 2 offers for this one because the money and job was good.

Do I have any legal grounds to stand on in terms of loss of earnings and the fact that the agency LIED about it?

Many thanks

No. You're royally f.ucked. Welcome to contracting.

It happens. It happened to me twice although I wasnt stupid enough to turn down 2 other offers.

[MarillionFan]

First question; Why did you turn down 2 offers if you haven't got any written/signed contract? Is it not possible for you to get in touch with those client to check if the roles are still available?

In all sense, it's your mistake, and you have to live with it. Make sure, you remember your lessons next time.

HTH.

WHS.

A bird in the hand is worth two in the bush. Or in this case make sure the bird is actually in your hand before you scare away the others!

[Clippy]

wow. the rudeness of people and not willing to understand at all. no wonder people like you give a bad name to contractors.

You sound just like my missus. Just becasue you don't like the answer, doesn't mean it's rudeness on our part. Them's the facts.

A fact borne out by the OP's previous posts - the OP is either extremely unlucky in that trouble just follows him around or he's a (prominent) factor.

[rd409]

I had to turn down the other 2 offers for this one because the money and job was good.

First question; Why did you turn down 2 offers if you haven't got any written/signed contract? Is it not possible for you to get in touch with those client to check if the roles are still available?

In all sense, it's your mistake, and you have to live with it. Make sure, you remember your lessons next time.

HTH.

[cojak]

Straight answer to a straight question from where I'm standing.

[northernladuk]

wow. the rudeness of people and not willing to understand at all. no wonder people like you give a bad name to contractors.

Usually when people accuse me of that it is normally true but reading back I have just stated cold hard facts. I don't see I have been rude in this case (surprising at it may seem). A bit blunt maybe but thats all.

You are a contractor trying to get business in terms of a contract. Until the ink has dried on the paper and is in the hands of both parties you have nothing, nadda, zip. It is as black and white as that sorry, I could give it you in fluffy cotten wool if you want with a couple of hug emotes and some <sympathy> tags if it helps. Facts don't change.

As you started flinging the pies I would say it is contractors that don't understand contracts and the way we work that give us a bad name.

[Flubster]

wow. the rudeness of people and not willing to understand at all. no wonder people like you give a bad name to contractors.

You sound just like my missus. Just becasue you don't like the answer, doesn't mean it's rudeness on our part. Them's the facts.

Even if you'd signed a contract, unless you had actually delivered some work, there's no loss of earnings.

[firehawk]

wow. the rudeness of people and not willing to understand at all. no wonder people like you give a bad name to contractors.