Termination before being on-site

[Wanderer]

Agency still owes me money, and there are a contract term that I am not 100% comfortable with (relating to payment), but agency said it is not a clause that can be amended.

Who are you talking to about this, the agent in a shiny arsed suit or has it been escalated further up? The agent will give you all sorts of bulltulip and then deny most of it later on. I think they have a nerve offering you a new contract when they haven't even fully paid you for the previous one. If you are genuinely willing to walk away from the contract over this dispute then it must be pretty serious so tell the agent that up front.

Be polite but firm and if they say it's "not negotiable" then insist that they escalate it to their manager/the finance director/company director/whatever and talk business with them. Also, if this agency has lined you up with two contracts so far then you want to think carefully about maintaining a bit of goodwill with them but at the same time not being walked over. It's a fine line to tread but if you show them that you have kahunas they will respect you as a business man.

Firstly, do they owe you money that is late or are you still in the normal payment period? It makes a big difference.

A very good point.

If they are past the payment due date on a previous invoice then tell them that not being paid on time this is reason to reduce the line of credit your business is offering them (eg, shorter payment terms), not increasing it. If you are within their credit period then you just have to wait for it to be paid. I don't like this stupid agency trick of witholding the last invoice that agencies seem to do more and more though....

Also, as northernladuk says, watch out for verbal contracts because under law they can be binding, though difficult to prove unless they have recorded your conversation. Remember that they do this stuff all day every day so watch your step. Accepting an offer is ok but always add that it's "subject to contract". If they already have a previous contract with you then they could easily imply that this is an extension of the previous contract under the same terms to be ready to negotiate.

Good luck!

[northernladuk]

Have a little problem here.
Am starting a contract next week, where the new contract is through my existing contract's agency.

Agency still owes me money, and there are a contract term that I am not 100% comfortable with (relating to payment), but agency said it is not a clause that can be amended.

I have already verbally agreed to start next time, however, the contract is still unsigned.

What would happened, if I do not start the new contract? Apart from burning bridges with agency and new client, am I legally liable to give notice? or any cost for them to find another person?

Thanks for the help guys.

Firstly, do they owe you money that is late or are you still in the normal payment period? It makes a big difference.

What is the clause you are not happy with? Is it just the payment times? If it is I don't think that is a contract breaker, particularly if it is the same times as before. Is there some history here you are not telling us?

Verbal contracts are a funny thing, I do believe they can be binding in certain cases but only if they go legal which they never do so really isn't your problem. The only thing you have to worry about is the fall out from it and how it leaves the relationship with your agent. He is gonna be pissed, there is no doubt about that, although not binding you have given him your word and he will have actioned it with the client etc so you are making him look a tit in front of his customer. If they do owe you money you are going to have a hard time getting it. He has no right to keep it and will pay up eventually but he is going to make it as hard as possible.

They won't charge you anything and you don't have to give notice, just tell them you won't take it but if you start messing him about you can kiss the contract, an possibly any further work with that client goodbye as well.

I think there is more to this situation than you are telling us but if you start messing the guy around he does have the option to find someone else. He won't do it straightaway as you are preferred etc but he will threaten you with it IMO and will carry it out if you take too many liberties.

Find out what is happening with your money and then think about what you want to do with the next gig. The fact you have accepted verbally is going to make any changes to a contract he has already said they won't change means I think that option is out for you. Either sign or don't is possibly your only option.

Fingers crossed, if you play this properly, there shouldn't be any problems. Mess him about too much and it will be a bit of fight IMO.

[Murder1]

Have you signed the contract, if not then you're not liable for anything but you could be burning bridges with the client and the agent.

If you've not signed it advise the client and the agent that you won't be signing it until the clause is amended and the money owed paid.

[pythonninja]

Tell the agent that you want that clause amended or you won't sign. What have you got to lose?

And start dunning them immediately for the money owed. You could link the two together "I won't sign until you've coughed up", but I don't advise it.

Right now, agency is acting stupid, saying that payment should've been delivered (but I cannot see it!!).

What if new contract is signed, and I don't show up due to this reason? What legal liabilities would I have? Notice period is 4 weeks set in the contract.

[NotAllThere]

Tell the agent that you want that clause amended or you won't sign. What have you got to lose?

And start dunning them immediately for the money owed. You could link the two together "I won't sign until you've coughed up", but I don't advise it.

[pythonninja]

Have a little problem here.
Am starting a contract next week, where the new contract is through my existing contract's agency.

Agency still owes me money, and there are a contract term that I am not 100% comfortable with (relating to payment), but agency said it is not a clause that can be amended.

I have already verbally agreed to start next time, however, the contract is still unsigned.

What would happened, if I do not start the new contract? Apart from burning bridges with agency and new client, am I legally liable to give notice? or any cost for them to find another person?

Thanks for the help guys.