My old client won't pay me!

[Wanderer]

Invoice the agency (as you are almost certainly legally opted in), and commence dunning procedures, up to and including, if necessary, court proceedings. Depending on the amount of debt, it could be dealt with through the small claims court, then you won't need a lawyer.

Tell the agency that you are opted in, and that you require payment from them. Their lack of payment from the client is utterly irrelevant

Absolutely 100% agree with NotAllThere.

Presuming you were paid on an hourly/daily rate rather than a contract to provide a particular product at a fixed price, you have a pretty strong case. Go ahead and invoice them. Don't worry about the lack of a signed timesheet for now, it's vital that you get the invoice sent off so a debt exists and your LTD can then take action to chase that debt. They will try and bluff you into thinking that they owe you nothing and you can't raise an invoice. Raising an invoice will up the ante enormously and they will know this.

Ignore any nonsense from them asking you to prove that you had a good reason to default on the contract. Tell them you will produce this in court if necessary, but you are not going to get into detail with them.

If they can argue that your breach of contract has caused them "damage"

That's a good point, but as centurian goes on to point out, don't forget that agency can not penalise you for an arbitary amount for breach of contract (co-incidentally the exact same amount that they owe you), they can only recover actual damages caused and they have to justify this. If you take them to court, they will be forced to justify it in court too. Them saying "we won't pay you" isn't a fair calculation of the damages (if any actually exist). Remember that the case will be between your company and theirs (not you personally). Just make sure your company has paid out any retained cash before you go to court so if they case goes against you then they are trying to get blood out of a stone because your LTD company will have none (and they will know this too).

Small claims court costs buttons

Exactly, and the threat of legal action against them will probably make them roll over and pay you what they owe. An agency or consultancy doesn't want a judgement against them for failing to pay a contractor.

Good luck and I hope your boy is OK.

[TheFaQQer]

I have once.

Me too - that's why I believe that they are rare.

Unfortunately the OP probably is going to have to pay a solicitor to tell the agency you are opt-in and to pay up. If the OP is broke this doesn't help them.

Small claims court costs buttons.

[centurian]

Looking at it from a brutal point of view, your son's illness (hope he's feeling better btw) is not their problem. If they can argue that your breach of contract has caused them "damage", then they have a good case legally - however morally deplorable that may be.


That said, I wouldn't give up hope. Explain that the situation is a genuine one and that you feel you have done the work and should be paid for it - and that any "damage" is not justified. Maybe offer to do some handover work to minimise their damage - whether you do it or not isn't the point - you've made the offer.

Also explain that any legal action on your part would become public record. Essentially, what you need to do is trigger the thought somewhere along the chain of managers that paying you is a far better option than the whole sorry story somehow going public and costing them considerably more to their already damaged reputation.

[NotAllThere]

I cant think of a situation where someone needs two full time carers,

I can. Several in fact.

If I'd been your hiring manager, and had verification of your tale of woe, I would have no problem authorising the payment. I can only assume that either a) he's a total smeghead or b) he doesn't believe the story.

I'd go for b).

You need to talk to him. Unless he is the aforementioned smeghead, then chances are he'll do the decent thing. Most people do, in the end. ( I've first hand experience of some extraordinarily altruistic behaviour on the part of some very large companies, over individual "sob" stories. ).

In the meantime, there's lots you can do before spending anything on legal advice. Check all your insurances, and services provided by any organisations that you're a member of. Invoice the agency (as you are almost certainly legally opted in), and commence dunning procedures, up to and including, if necessary, court proceedings. Depending on the amount of debt, it could be dealt with through the small claims court, then you won't need a lawyer.

Tell the agency that you are opted in, and that you require payment from them. Their lack of payment from the client is utterly irrelevant.

If all else fails, you could contact the Guardian (or some other bigco hater) and ask if they're interested in a story about a businessman with a dangerously ill son, being screwed over for a few thousand quid, by an evil corporation... you might get some of the $2'000'000'000

[escapeUK]

I suppose they feel that the two weeks was getting upto speed time and they will have to pay someone else the same, I can see their point tbh.

I also think the point where you say "I cant afford to leave" should have actually stopped you from leaving. I cant think of a situation where someone needs two full time carers, or how you not having enough money to pay for a roof over your son's head is going to help the situation with his health.

In retrospect, maybe you should have negotiated in person with your "boss" and tried to reduce the number of days on site per week, do some working from home etc . I think getting the pimp to tell them was a mistake too.

Kiss that money goodbye.

[SueEllen]

Unless the agent is out of the ordinary, then I would bet that the OP is opted in. How many people have been asked to opt out, in writing, before they have been introduced to the client?

I have once.

I would point out to the agent that you are opted in (if that is the case), point out your rights and tell them that you will start charging interest if they don't pay up.

Unfortunately the OP probably is going to have to pay a solicitor to tell the agency you are opt-in and to pay up. If the OP is broke this doesn't help them.

[TheFaQQer]

Are you opt'd in or opt'd out? If you are opt in, my understanding anyway, the agency have to pay you regardless of a signed timesheet if you can ligitimately prove that you carried out the work.

Have a look at Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK

Unless the agent is out of the ordinary, then I would bet that the OP is opted in. How many people have been asked to opt out, in writing, before they have been introduced to the client?

I would point out to the agent that you are opted in (if that is the case), point out your rights and tell them that you will start charging interest if they don't pay up.

[Zippy]

As others have said I hope your son is OK.

Would you have any emails which indicate you were on-site and working during that two-week period?

[BolshieBastard]

Sorry to hear about your son, hope things improve for him and you.

IMO, it depends how much time, effort and perhaps money, you are prepared to invest in this. It sounds to be like your former boss is a complete and utter twat. He's just using this as an excuse not to pay you.

Why the **** should you have to 'prove' your son is very ill? As a contractor, you dont provide sick notes when you're ill (well I dont as I make it a condition of my contracts that sick notes are a no no).

You've done the work, you should be paid. Im not familiar with any contract that says you have to be in situ for more than a couple of weeks before you get paid!

But, as I said, you will probably have to invest considerable time, effort and money to recover what you are owed.. You'll need to show you didnt arse about and produced billable work which may be difficult as you are no longer on site.

You are probably going to need legal advice and representation to get your money if your former boss continues to act like a twat.

Bottom line, will you end up spending more in legal costs to recover what you are owed and, can you prove what work you did?

I'd still try the agent route but also try and speak to the twat who wont sign. With other things going on, you may have to consider taking it as far as you can without resorting to legal means and writing it off if that doesnt bear fruit.

[diesel]

i was in similar situation few years ago. my son was diagnosed with a critical illness, but my client was very supportive, esp my proj manager.
i had to take a week of work, then i can in as and when and shorter days. As long as i could meet the important project deadlines, my "role" was "safe". If i was you talk to your client contact and be open about what your situation is and what you can do to help the client e.g. work from home or come in part time till you son is better.

best of luck

[VectraMan]

WHS. What does the contract say regarding notice periods etc.? If you've breached the contract, regardless of the circumstances, then losing out 2 week's money isn't an unreasonable penalty, regardless of whether you worked hard and were productive or not.

Harsh I know, but part of the reason us contractors are paid more is that "employers" aren't burdened with our problems, as happens with employees. At the end of the day, you've promised something and not delivered, and it would be generous on their part to still pay you if the contract didn't specify that they had to.

I hope your son is okay.

[thunderlizard]

Depending on what you/they wrote in your contract, your client might have a case. If you didn't deliver anything in your 2 weeks, it's possible you're not due anything. Some contracts pay for hours spent producing a deliverable, not just how long your bum has spent on one of their chairs. One of the risks of being in business: if you're just pulling out of the contract rather than sending another staff member to carry on the work, you could count yourself lucky to be escaping any further penalties.

I'd advise to wait until he's back off holidays, otherwise you'll just create chinese whispers, as somebody in the office is blatently having fun doing. Then try and sort it out amicably with him. If you did produce anything for them in your 2 weeks, however slight, talk about denying them its use via some kind of legal method. They'll probably decide 2 weeks cash is nothing compared with the costs of getting their massive (& I suspect rather busy right now!) legal machine involved.

But if the consultancy/agency involved is covered by the agency regs and you didn't opt out of them, then your best bet will be as growernotashower says.

Good luck & best wishes to the kid.

[Growernotashower]

Are you opt'd in or opt'd out? If you are opt in, my understanding anyway, the agency have to pay you regardless of a signed timesheet if you can ligitimately prove that you carried out the work.

Have a look at Opt-in, opt-out?Legal specialist Egos comments :: Contractor UK

[DodgyAgent]

Hi all,

I recently had to stop working for a well known Oil giant, the one Mr Obama really likes. Due to me son falling very ill and needing both my wife and me to be at home with him. I told them what had happened (via the small consultancy that acted as an agency) and thought that was that. I couldn't afford to leave but had to because of my son.
Several weeks later, I put in a timesheet for the days worked. I got an email back today telling me that my old boss was on holiday for a week and it would be unlikely that he would pay me because he saw my time there as onboarding, that I'd wasted time that could have been spent with someone else. So the agency, who back them of course, see it as 2 weeks working there for nothing.

Given the situation at home, i can't afford this. I need to get paid, at the very least I spent loads on accomodation costs and petrol.

What can I do? until he signs my timesheets, the agency won't pay me.

Help?

That is sad news I hope he recovers.

You first of all need to prove your sons illness (you wont believe the extremity of lies that some contractors use to wriggle out of contracts). Presumably you notified your boss and your agency that this tragic occurence had happened and that it would affect your ability to work. Why didnt you call your boss at the time and tell him rather than your consultancy?

[MarkT]

Hi all,

I recently had to stop working for a well known Oil giant, the one Mr Obama really likes. Due to me son falling very ill and needing both my wife and me to be at home with him. I told them what had happened (via the small consultancy that acted as an agency) and thought that was that. I couldn't afford to leave but had to because of my son.
Several weeks later, I put in a timesheet for the days worked. I got an email back today telling me that my old boss was on holiday for a week and it would be unlikely that he would pay me because he saw my time there as onboarding, that I'd wasted time that could have been spent with someone else. So the agency, who back them of course, see it as 2 weeks working there for nothing.

Given the situation at home, i can't afford this. I need to get paid, at the very least I spent loads on accomodation costs and petrol.

What can I do? until he signs my timesheets, the agency won't pay me.

Help?