Originally posted by TheFaQQer
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Previously on "Fallout between agency + client. My Ltd stuck in the middle"
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Originally posted by CTS View PostThey have withheld another individuals invoice previously so I have moved to weekly invoicing. Worst case scenario I would have to fight them for a weeks work.
I assume there are links on here that would help that situation?
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Originally posted by northernladuk View PostYou sound more like a permie to me reading that. Maybe you have been at your client too long.
Think about it a little bit and understand your position and maybe you can work that out yourself.
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They have withheld another individuals invoice previously so I have moved to weekly invoicing. Worst case scenario I would have to fight them for a weeks work.
I assume there are links on here that would help that situation?
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They can only cancel contract and sue you for damages. In this case the contract has already been cancelled by the agency and the damages are 0 because they've already lost the contract.
I'm pretty sure the agency won't chase you. They would potentially only go after you if you did the dirty on them, which you haven't.Last edited by BlasterBates; 30 May 2014, 14:40.
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Originally posted by Contreras View PostLet the agency second guess your position with the client (who should also be blanking them). Save your time, energy and cash - don't get lawyer involved until & unless they do so first (or if they fail to pay the final invoice).
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Originally posted by CTS View PostThank You very much everyone. This reinforces my own views.
I do think that it will get messy but unsure what exactly I would be sued for. I haven't stolen a position from the agency. The agency has terminated its agreement with the client.
as of the 12th June I would effectively be out of work.
if the agency offers me a new position at another client (that I do not want) does that change anything?
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Stop worrying about that.
You have a current long-term client who is happy about your work etc.
As long as the client is happy for you to continue and go through another agency then all you need to do is sit tight and make sure you have a lawyer on speed dial to go after the old agency if they threaten you with anything.
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Thank You very much everyone. This reinforces my own views.
I do think that it will get messy but unsure what exactly I would be sued for. I haven't stolen a position from the agency. The agency has terminated its agreement with the client.
as of the 12th June I would effectively be out of work.
if the agency offers me a new position at another client (that I do not want) does that change anything?
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Originally posted by Contreras View PostPersonally, I wouldn't be engaging any dialog with the agent whatsoever.
Let the agency second guess your position with the client (who should also be blanking them). Save your time, energy and cash - don't get lawyer involved until & unless they do so first.
Lawyers won't get involved as is the case in nearly everything to do with agents but they can certainly screw it up by scaring people off with the threats.
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Originally posted by CTS View PostIn the contract between my LTD and the agency there is nothing mentioned about a punishment or any repercussion. It only says I cannot do it.
After speaking with a couple of my legal minded friends they have said that yes there is a clause but its going to be hard to enforce. I have called the PCG helpine (waiting on a call back) and I have also contacted a legal firm to discuss what my position may be.Originally posted by northernladuk View PostTotally this. The handcuff is totally useless. ...
Point this out to the agent along with a couple of links mentioning this and you should be find and dandy.
Let the agency second guess your position with the client (who should also be blanking them). Save your time, energy and cash - don't get lawyer involved until & unless they do so first (or if they fail to pay the final invoice).
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Yep, agree with the above. The test a court would apply is one of "reasonableness" - as in "Is it reasonable to the man in the street that the agency can prevent you moving to another agency?". Clearly, since the business is already lost, it is not reasonable and hence the clause in unenforceable; to do so would represent restraint of trade, which is whole other can of worms.
I would start negotiating with the new agency to novate the contract over and maybe reduce their margin a touch since you are brining them the business...
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Originally posted by blacjac View PostYes
The point of these clauses is to prevent loss of business. If the client will no longer work with the agency then there is no business to lose.
No brainer this one. If the agency ditch the client they have no further business to protect. Handcuffs have to be fair and have demonstrable loss the agent for them to have a chance of standing up. This situation is neither of these.
Point this out to the agent along with a couple of links mentioning this and you should be find and dandy.
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