Reply to: Agent threatening to take legal action - urgent advice needed

[sunflower]

Don't worry too much about it.

Some agencies can be very aggressive and will try to bully you into accepting their offer.
I've heard of a couple of examples of Netherlands based agencies asking contractors to agree to terms and conditions like the following before even going for an interview:

contractor promises not to accept any other project offer for 8 working days after the interview and keep themselves available for this gig

Don't ever sign or accept anything on email like that. What if your skills do not match after all cos the agent only understands buzzwords and the client wants skill x,y and z which were not in the spec? There are other candidates in the running too. Why should anyone keep themselves off the market for 8 days+?

Companies understand contractors can become unavailable after offers are made; the challenge for the agent is to find a replacement for you for the role and they should concentrate on that rather than threatening you.

[psychocandy]

Same as everyone else - don't worry about.

So they delay the start causing you hassle, then moan when you take something else. Just about says it all for clients/agents these days. Want it all they're own way.

Like everyone says, agent/client thought it was in the bag and sorted, thought they could do what they wanted and now they've had a nasty shock. Client is wassed off because its hassle for them and agent was probably already counting his comission which is why they're annoyed.

Unfortunate for them but thats the way it works. Clients/agents seem to have a short memory when it comes to expectations as to how to be treated and, in general, treat contractors worse.

Additionally, even if you had signed the contract, in reality, they probably would never chase you legally anyway. Too much hassle and not enough return.

[GillsMan]

You can relax you were going in as a temporary employee not as a business so absolutely nothing to worry about. It's even less of an issue than if you were going through your own company. Even if you had signed the contract there's no way a temp employment contract wouln't have had a short notice period. No legal leg to stand on, and no contract anyway.

Good decision, a lot of hot air from the agency. I wouldn't touch them with a barge pole. They didn't go out of their way for you, they did it for themselves, and you were expected to throw away 4 weeks revenue

Completely agree. Tell the agency to do one.

[BlasterBates]

You can relax you were going in as a temporary employee not as a business so absolutely nothing to worry about. It's even less of an issue than if you were going through your own company. Even if you had signed the contract there's no way a temp employment contract wouln't have had a short notice period. No legal leg to stand on, and no contract anyway.

Good decision, a lot of hot air from the agency. I wouldn't touch them with a barge pole. They didn't go out of their way for you, they did it for themselves, and you were expected to throw away 4 weeks revenue

[Bellona]

What the rest have said. No contract has been signed and you are not duty bound or legally bound.

You can tell the agency straight, that as a contractor you get paid by the hours you work and a delay until Jan was unacceptable & because of their delay they have lost the business.

+1
You may have been willing and implied you would accept the offer ( which started Nov), but this materially changed when it became January.
Added to the fact they couldn't even get the contract right, then where do they expect your confidence/loyalty to lie ?!

+1 here too

Now just blank them. Don't take their calls, don't respond to their emails. The agent is just pissed that they won't get their fat commission. None of their threats were put in writing, were they? Do you wonder why this is? Ignore their empty threats because they are talking tulip.

And finally.............
well done on the extension

[MyUserName]

Another +1 for you having nothing to worry about.

They are just trying to scare you into giving them a good commission. They are not going to sue you, it would cost too much and be too much hassle for the gains they almost definitely will not get.

[Andy Hallett]

I don't know how the contracting industry / legal system in the Netherlands works.

I do, he will be fine.

The OP should relax, end of. If they actually formally send you anything post it up here again.

[DirtyDog]

I have not said anything like ' I accept the contract and or looking forward to starting soon'.

I understand that can pull me in a legal suit (who wins is different thing), I just cannot afford to (time or money wise) into the legal hassles. I have been out of contract for way too long and this is very unfortunate.

I am just worried as hell.

If there is anything which implies acceptance, then you could have something to worry about; if there isn't, then you don't.

Is there a notice period in the contract that you haven't accepted? If there is (for example) a four week notice, then you may be best using that notice period from now to never start. If the contract is a normal UK-style one, then you have the right to accept or refuse work anyway, so just do that.

Even if you have accepted the contract, I'd think it unlikely that they would take legal action, but I don't know how the contracting industry / legal system in the Netherlands works.

[original]

Really???

So if I reply to an email:


that doesn't constitute acceptance?

I have not said anything like ' I accept the contract and or looking forward to starting soon'.

I understand that can pull me in a legal suit (who wins is different thing), I just cannot afford to (time or money wise) into the legal hassles. I have been out of contract for way too long and this is very unfortunate.

I am just worried as hell.

[DirtyDog]

Until you have drawn your signature on the contract there is no agreement.

Really???

So if I reply to an email:

Thank you for the contract paperwork. I accept the contract and am looking forward to starting soon.

For and on behalf of
DD Consulting Ltd

that doesn't constitute acceptance?

[DirtyDog]

Give me some more confidence people please. Can I really be drawn into a legal action if for example they claim (true or not) that they have or will loose substantial amount of business..

Yes, you can be drawn into a legal action. Whether they have any grounds for doing this, and whether they would win, are separate issues - but there is nothing to stop them suing you.

[DirtyDog]

I had been pursuing two jobs opportunities through two different agencies with the same client in Netherlands. I never thought Client would take such long time and it ended up in a mess. One of the agency had really bad terms so I was not kind of very happy with them but since I have been out of job for a very long time, I was continuously communicating with them. While the other agency found out about this, had also better terms & conditions, pay rate and I had worked with them in the past, job through them was also a better one. So when it came to choose between the two agencies, I went with the later for all the above reasons said.

Then I kept on following up with them and I was being promised that I will be starting this job in the last week of November but few days before it was to start they called me and told me that it will be starting on first Monday of January. I let them know my disappointment but did not say that I will start looking for other job opportunity.

In the next two days, I was offered a short 3 weeks contract in UK and I took it. I did not tell the above agency about this contract to begin with. They sent me some draft copies of the contract (starting 06/01/2014) and I asked for correction (such as dob, place of birth and address) to be made. In the next 2-3 days they sent me the final copy of the contract. In the mean time, my current client (3 weeks contract) is offering me a long term opportunity and I am willing to take it but I have not signed the contract extent ion. Now I have gone back to Netherland agency and told them about the situation that I cannot take their contract, which offcourse has made them furious.

Did you say anything (and more importantly, put anything in an email) which might be construed as acceptance of the contract? Just because you haven't formally signed a piece of paper does not mean that you did not accept the contract.

It is naive to think that just because it's not on that one piece of paper no contract has been formed.

[evilagent]

No signature, no contract, generally speaking.

You can flip this the other way, YOU have lost money by being expected to not earn for another two months. And potentially even more, if the Jan start date got moved.

You could argue you have lost confidence in the client/agency for not sticking to verbal start dates in November.

You have made a business decision to make money over a nebulous promise.

Once they get their toys back in the pram, they might quieten down.

[original]

Thanks to everyone, gives me confidence that I am not on the wrong side of any law.

I have decided to go ahead with the contract here. I hope good senses will prevail over everyone.

[Scruff]

Verbal contracts are binding in the UK, too. However, proving their existence is not easy.