Reply to: Agencies bluff and bluster ?

[andyc2000]

A verbal contract is only legally binding if the intention is that will be the only contract agreed. I.E. If you say yep I agree to that and their intention is to send you the paperwork the contract is only binding when you sign. Oh and as far as I know if you breach your notice period all they can do in court is prevent you from working for the new company for the period of your notice and they'll have to pay you anyway. A company I worked for who agreed to a months notice when I left and then realised I was on 3 months actually approached their lawyers about this and were told the above so didn't bother to pursue the matter (was permie in that case though).

[Cameron Wallace]

your contract has expired so you can do as you please. Although there may be a clause in the contract stipulating that if you don't inform them of your departure then the contract will continue to roll with the same conditions. Just read through your contract to ensure this isn't the case. If not, then walk yourself out that door.
Although you might want to ensure that your agency will be paying your last invoice before you do it.

[Another Dodgy Agent]

Dont listen to this f***g piece of tulip. Another pathetic agent scrambling to protect his rapidly diminishing business, whilst claiming to be representing clientco's interests. Look after #1. It's very simple. I have been in the same situation as yourself, and I have looked after #1 every time, and hung up on the irritating squealings of panicky agents trying to protect their income. Guess what? They have almost always called back a couple of months later with "new opportunities".

Please dont waste a second on the idle threats of badly educated wide boys.

I think you will find DA does not fall under the category of "badly educated wide boys" nor for that matter do I.

The OP signed the contract, therefore as stipulated in the contract he/she would need to work the notice outlined in the schedule of the contract. Simple contract law, but hey you being all super profesional etc. would know that.

[donaldf]

If your ethics extend as far as what the law allows then you have no idea of how to conduct yourself professionally. If the client does indeed have a long memory (and a lot of them do) then you may suffer the consequences of your behaviour accordingly. By going back on your word you are sending a message that affects contractors in general.

Ever thought of applying for a job with computer people?

Dont listen to this f***g piece of tulip. Another pathetic agent scrambling to protect his rapidly diminishing business, whilst claiming to be representing clientco's interests. Look after #1. It's very simple. I have been in the same situation as yourself, and I have looked after #1 every time, and hung up on the irritating squealings of panicky agents trying to protect their income. Guess what? They have almost always called back a couple of months later with "new opportunities".

Please dont waste a second on the idle threats of badly educated wide boys.

[wamweri]

I'm in the same boat.

Difference is that after verbally accepting an extension, I went and signed a new contract with a different agency. ClientCo has come back to me and offered more money than the new contract I've just signed.

So (looking out for #1), I need to go to the agency and tell them that even though I signed their contract, I won't be starting. I don't know where that leaves me?!

Must I work for them because I signed the contract?

[Lewis]

Why is it that ClientCo can act like a business but we have to be "professional"?

And along comes a perfect example ... http://forums.contractoruk.com/busin...extension.html

[EternalOptimist]

Surely the object of all this is to maximise your companies profits. The second objective is to keep your company extant, and the main contsraint is to maintain a high standard of integrity (ie dont fiddle taxes or break the law)

Take all the emotion and sentiment out of the discussion, bearing in mind the above, make a decision. You will always find the decision makes itself, it becomes a no-brainer.

[Smurficus]

If your ethics extend as far as what the law allows then you have no idea of how to conduct yourself professionally. If the client does indeed have a long memory (and a lot of them do) then you may suffer the consequences of your behaviour accordingly. By going back on your word you are sending a message that affects contractors in general.

Ever thought of applying for a job with computer people?

Ethics and professionalism from an agent?

Why is it that ClientCo can act like a business but we have to be "professional"? A better offer came along and no contract was in place... perhaps the client should look to the agent for not sorting the paperwork out.

[Ivor Bigun]

If your ethics extend as far as what the law allows then you have no idea of how to conduct yourself professionally. If the client does indeed have a long memory (and a lot of them do) then you may suffer the consequences of your behaviour accordingly. By going back on your word you are sending a message that affects contractors in general.

Ever thought of applying for a job with computer people?

The biggest weapon an agent has - is the soaping of a contractor's "pride in himself"
The biggest weakness a contractor has - is thinking the agent has the right to manipulate them.

Hats off to you DA, If you sell "Fear" to the "ones born every minute" - then why not? - their lookout.

This "long memory" threat is just typical of agent's psycological play.

If this idea was truly valid, then every sharp practise an agent makes, would sink it in the long term.

For the record, I've done it and its never been a problem.
A few years later, another pimp from the same agency got me a nice gig.
Some long memory

[minestrone]

By going back on your word you are sending a message that affects contractors in general.

Is that why everyone thinks agents are tossers?

[DodgyAgent]

Doubt it would be worth their effort to chase you over this - they have to prove a contract exists.

I did similar at the end of my last contract - verbally agreed a few weeks before end then told them I was off the day before the end of my original contract. Agent gave the usual lines, client was disappointed but understood a better offer had come along.

If your ethics extend as far as what the law allows then you have no idea of how to conduct yourself professionally. If the client does indeed have a long memory (and a lot of them do) then you may suffer the consequences of your behaviour accordingly. By going back on your word you are sending a message that affects contractors in general.

Ever thought of applying for a job with computer people?

[Ivor Bigun]

have i really committed a huge professional faux pas, or is this just one of the things that can and does happen in the contracting game ?

Another point of view......a bit rambling but hope its relevant

If the client really liked you, they would treat you well.
They wouldn't burn their bridges and in cases like this - they would be afraid you'd never work for them again and so be lenient and act accordingly in an understanding manner.
"Yep no problem - sad to see you go - get in touch when you're free" etc

Chances are, this is not the case (too many contractors about) but IMO, You should still talk to the client to see if they'd entertain employing you in the future. You should indicate that you could return direct for less money and see what they say.

Give the thought that when it comes to contracts, the first paper you see, you sign. Say that you've been burned too many times with verbal contracts. ITS V. IMPORTANT TO MAINTAIN CLIENT DIALOGUE AND IGNORE THE AGENCY.
Don't actually say it - but let the client know that "its with regret that the pimp was too slow - but you do like the current agency and you would love to work with them again".

If the answer from the client is bad - then IMO, it confirms you made the right choice - they were going to **** you anyway over a few weeks so laugh about it all the way to the bank.

[Liability]

look after yourself - they will not take you to court.

I had a similar situ with a large retail chain and a well known Computer People based agency. The account manager wasnt impressed that I wanted out but as they were cutting contractors I told him I had anotehr offer and would go. I spoke to the client who was cool - but the agency tried every trick in the book......told them to go swivel at the end. Slightly diff scenario but Ive yet to see an agency take a candidate to court

[strawberrysmoothie]

I agree. A lot of clients will raise the possbility of a contract extension, only back out to with the agreement 'due to budgetary issues' - leaving you the contractor in the cold.

When it comes to this business you have look out for yourself and your bottom line. If client/agent are annoyed because of your decison that's not your problem

[expat]

Stolly, I always ask myself what would the agency / clientco do if the situation was reversed...ie they verbally offered you an extension, then withdraw the offer at the last minute. Answer - absolutely nothing!

Right. And you might bluster and bluff, but it would have no effect. So - what is sauce for the goose is sauce for the gander.