Reply to: HELP!, agent threatening to take legal action over notice period.

[kaiser78]

As do I! Thank you very much for your help everyone. He is offering a margin of their losses over 2 weeks and he is also telling the client tomorrow what he has been earning to raise alarm bells as to what the agent may have been taking (who knows! they may even understand why he left ) and also letting the client know that the agent is taking legal action. All advice I got from this board. So thank you very much, hopefully this will end here and we will not have to involve a lawyer.

In all honesty, we never cared about the money, had it not been for the fact that the agent was threatening to sue for longer than the notice period. I'll quite happily pay them for their losses of 2 weeks but the full term of the contract? what would be the point in a notice period?

Thank you to the gentlemen to defended me (bench comment )

I probably won't need any more feedback. Thanks again!

The bottom line with this thread is for you both to see it as a learning opportunity, I agree that you need to put your own needs first given current climate but with caution (agencies hold no respect in my eyes, however client cos do), but if you don't think you will see out a contract don't agree to a 28 day notice period (either by signing the contract or commencing without signing).

[curtis]

I think if this was me I would have handed my notice in spoke to the client agreed to leave after 2 weeks and not said anything to the agent and just not put a timesheet/invoice for those last 2 weeks.

If anything got said I was away for those last few weeks you had already discussed it with client they were happy for you to take them so you finished after 2 weeks.

I had a contract only recently that i went away right at he end for 2 weeks and when I came back I had only 3 days left of the contract. Everyone was asking if I would bother coming back for just 3 days but 3 days is 3 days money so I did but I'm sure some people might not of bothered.

Sometimes having to give notice can fall when you have a holiday booked!

[psychocandy]

But this thread kinda shows you what happens if you do this. You are entering in a to legally binding contract to work as a professional. You could keep trying to hop from contract to contract to suit yourself but as you can see it can and will come back and bite you.

While this seems to be pretty rare for now but as more and more 'contractors' come on and start playing these games clients and agents are going to toughen up.

Maybe. And I understand what you're saying. Mess people around too much and you get a bad name which affects your business.

But, as you're always telling me, its your business and you should do what you think is right for your business. If it means taking a bit of a risk and hopping a contract once then do it. But, if you make a habit, it is going to affect your business.

[Wanderer]

My husband believes the agency <<Agency>> has a contract with the umbrella services company and that he has a contract with the umbrella company. In any case, he never signed a contract with the umbrella company and the agency is threatening to take legal action. Can they even do this without a signed contract?

If the agency presented him with a contract and he started work then he has accepted the contract. It doesn't matter if it was signed or not. Likewise, when you buy something in the shop, you enter into a contract with the seller even though you haven't signed anything.

If it is actually the case that he never even saw the contract then the contract doesn't mean anything and they might as well wipe their bum with it.

He is offering a margin of their losses over 2 weeks

Noooo! Don't make an offer to settle that's just what the scumbags are trying to bully you into doing. Tell them to bugger off and if they want to take it further then you will get the client involved as a co-defendant in the legal action. And while you're at it, stick them with a bill for late payment interest and penalties. Don't take any nonsense from these idiots.

the agent was threatening to sue for longer than the notice period. I'll quite happily pay them for their losses of 2 weeks but the full term of the contract? what would be the point in a notice period?

Bluff and bluster to try and bully you out of your hard earned money. Don't take it from them, fight back.

[eek]

Like I've said above - be careful about that. Whatever cut they were taking, they were contractually entitled to. The agency could expand their claim for damages if it means they lose the end client as a result.

I think the phrase

You know that hole you're digging? Keep digging much longer and you'll get to Australia.

is appropriate here.

[centurian]

and he is also telling the client tomorrow what he has been earning to raise alarm bells as to what the agent may have been taking

Like I've said above - be careful about that. Whatever cut they were taking, they were contractually entitled to. The agency could expand their claim for damages if it means they lose the end client as a result.

[centurian]

It's a good idea for your husband to tell the client:
1. His day rate (how much the agency was ripping them both off by)
2. The fact that the agency is threatening to sue due to both of them agreeing for him to leave early.

The only caution I would give there - is that you can actually create the "damage" upon which they agency can sue in the first place.

In most cases, courts only offer compensatory damages - that is you compensate the injured party for their loss - and not a single penny more. Punitive (punishment) damages are very rare in civil cases.

At the moment, the only damage caused to the agency is the loss of their cut for the notice period. However, if they can argue that through your actions, they have permanently lost the end client, they can sue for all the imaginary trade they can claim they would have got.

So if the client are stating they are currently happy, I'd be careful about deliberately rocking that boat.

[Taita]

Contract Honour

I was wondering if someone could give me some advice with regards to my husband. As you all know the contract market has been tough recently and after my husband was out of contract for a year, he took a very lowly paid contract with the expectation of leaving as soon as something better came along. Now this contract was shocking... it was £200/day project manager role so it was a significant pay cut. He got this through what I would consider a mickey mouse agency that I have never heard of, <<Name removed by moderator for the time being>>.

<<Agency>> knew how underpaid this role was so they insisted that he agree to work at least 3 months... and gave him a 28 day notice period on a contract. Pathetic. Because the rate was so bad it didn't and we knew it was temporary, it didn't make any sense to run under his or mine limited company ,so we went umbrella services.

He of course just got a better job, in line with what he is used to making and put in a 2 week notice. The client understands. Upon emailing the agent, the agent has refused to accept his notice, and said he must write to the Birmingham office but then would not give the address, as if email was not acceptable.

My husband believes the agency <<Agency>> has a contract with the umbrella services company and that he has a contract with the umbrella company. In any case, he never signed a contract with the umbrella company and the agency is threatening to take legal action. Can they even do this without a signed contract?

Also, if they can, can he not just stay on for another 2 weeks and call in sick every day? This is his last week and they are already threatening legal action yet he hasn't left yet. Help what to do..

The short answer is expect payment of money due to your husband be delayed for as long as possible. The umbrella's contract probably excuses them from payment if there is a dispute or a breach of contract.

However, what I wonder is how would you feel if your husband was not properly qualified for the contract and was kicked out as soon as a better person was available, especially if he was given less than the contractual notice?

Sauce for the goose is also sauce for the gander!

[Zippy]

Whoops I don't know why I thought psycho candy was a guy, you could very well be a woman! Thanks anyway!

And goodbye to this thread.

There are more laydees on here than you may think, and some of them offer good advice.

All the best to your hubby in his new contract.

[ChristinaO]

As do I! Thank you very much for your help everyone. He is offering a margin of their losses over 2 weeks and he is also telling the client tomorrow what he has been earning to raise alarm bells as to what the agent may have been taking (who knows! they may even understand why he left ) and also letting the client know that the agent is taking legal action. All advice I got from this board. So thank you very much, hopefully this will end here and we will not have to involve a lawyer.

In all honesty, we never cared about the money, had it not been for the fact that the agent was threatening to sue for longer than the notice period. I'll quite happily pay them for their losses of 2 weeks but the full term of the contract? what would be the point in a notice period?

Thank you to the gentlemen to defended me (bench comment )

I probably won't need any more feedback. Thanks again!

Whoops I don't know why I thought psycho candy was a guy, you could very well be a woman! Thanks anyway!

And goodbye to this thread.

[northernladuk]

Not saying that I dont disagree with some of the things this young lady has said but, honestly, say you were on the bench for a while and a low paying contract came up.

Would you really not take it just in case a better one came up?

Or would you take and see if there was any scope for notice period if something better came up?

hmmmmm....

But this thread kinda shows you what happens if you do this. You are entering in a to legally binding contract to work as a professional. You could keep trying to hop from contract to contract to suit yourself but as you can see it can and will come back and bite you.

While this seems to be pretty rare for now but as more and more 'contractors' come on and start playing these games clients and agents are going to toughen up.

[ChristinaO]

While I'm with northernladuk when it comes to honouring contracts, can we please not let this thread be derailed into an ethical discussion, nor a . The points have been well made I feel.

As do I! Thank you very much for your help everyone. He is offering a margin of their losses over 2 weeks and he is also telling the client tomorrow what he has been earning to raise alarm bells as to what the agent may have been taking (who knows! they may even understand why he left ) and also letting the client know that the agent is taking legal action. All advice I got from this board. So thank you very much, hopefully this will end here and we will not have to involve a lawyer.

In all honesty, we never cared about the money, had it not been for the fact that the agent was threatening to sue for longer than the notice period. I'll quite happily pay them for their losses of 2 weeks but the full term of the contract? what would be the point in a notice period?

Thank you to the gentlemen to defended me (bench comment )

I probably won't need any more feedback. Thanks again!

[MarillionFan]

While I'm with northernladuk when it comes to honouring contracts, can we please not let this thread be derailed into an ethical discussion, nor a . The points have been well made I feel.

WNS

Ethics and contractors don't go together. Please keep them separate.

[NotAllThere]

While I'm with northernladuk when it comes to honouring contracts, can we please not let this thread be derailed into an ethical discussion, nor a . The points have been well made I feel.

[northernladuk]

I can see your point but if he started work on the contract (i.e. accepted it by default) then the notice period is 28 days. Are you saying now the agency should accept 14 days and suck it up? I can see why they aint happy.

Personally, Id have given 28 days, worked 14 then phoned in sick. LOL. Less hassle.

Is it any wonder permie hate contractors. It is hardly any wonder they try and screw us over, we don't help ourselves do we.