Can I sue?

[original PM]

I have to agree on this - many times I have seen agencies withhold last payment and effectively try to keep all the money and hope no one complains.

Just plug away and keep pushing for it you will get it.

[CloudWalker]

Name and Shame them

[nucastle]

The project I was on was badly specced and managed by someone part time. Things like the platform turning out to not support functionality meaning loads of creative ways around them that burned through time. In the end they didn't renew as my daily rate was no doubt burning through and past the budget and I'm guessing at that point they pulled the rip cord.

No agency involvement here, just the contract between my brolly and the client.

Signing off the time sheet and confirming processing the next week clearly an acceptance of the work here. If they had refused on that then I'm sure they could have an angle.

Was with them for nearly two years and about seven extensions so a nice track record there.

I'll see what the brolly wants to do about it first and if that comes to nothing I'll start looking at legal options. Yes the brolly clearly stopping me taking this up directly.

[LisaContractorUmbrella]

The project I was on was badly specced and managed by someone part time. Things like the platform turning out to not support functionality meaning loads of creative ways around them that burned through time. In the end they didn't renew as my daily rate was no doubt burning through and past the budget and I'm guessing at that point they pulled the rip cord.

No agency involvement here, just the contract between my brolly and the client.

Signing off the time sheet and confirming processing the next week clearly an acceptance of the work here. If they had refused on that then I'm sure they could have an angle.

Was with them for nearly two years and about seven extensions so a nice track record there.

I'll see what the brolly wants to do about it first and if that comes to nothing I'll start looking at legal options. Yes the brolly clearly stopping me taking this up directly.

The umbrella company is not stopping you from dealing with it directly is just that your legal position is that of employee and therefore your concerns would have to be taken up via an employment tribunal

[Boo]

As soon as I get this letter, with my heart pounding, I ring up the end-end client and ask them if they did INDEED refuse payment or something to that effect. I'm told that NO, all invoices had been paid and nothing had been said to any effect to anyone.

You want to :

1. Get that in writing
2. Speak to a solicitor. Mention the word defamation.

Boo

[nucastle]

I'm waiting with baited breath to get an email from the end-end client who i emailed the 'we wont pay as the end-end client refuses to pay' letter, to get digital evidence that they are telling porkies.

At that point It's time to start thinking of how I'm going to deal with these idiots. In the cold light of day this is now 2 years of my life as something I can't go and cite for references, in addition to the claims they have made to my umbrella..... DEFAMATION and affects my ability to get future work.

I'll gladly take every penny i'm due, and hand it to a solicitor to go after them now.

[TheFaQQer]

I'm waiting with baited breath

Are you using flies or worms? Or do you mean bated breath?

At that point It's time to start thinking of how I'm going to deal with these idiots. In the cold light of day this is now 2 years of my life as something I can't go and cite for references

Why can't you reference the end client?

, in addition to the claims they have made to my umbrella..... DEFAMATION and affects my ability to get future work.

Only if they have told someone other than the umbrella, ie. someone who matters.

[nucastle]

Are you using flies or worms? Or do you mean bated breath?


Why can't you reference the end client?


Only if they have told someone other than the umbrella, ie. someone who matters.

The end client was one project from about 3-4 across a bunch of other clients. I can't go and give a reference for another company if I'm going for work and they want references from past employers (yes, it's the brolly before you get cute )

I hardly see why I should just suck it up if fraudulent claims are being made as a means of withholding payment.

They may very well go and tell the end-end client who will no doubt want them to comment on this, something that 'helps' their claims. Someone who matters? Well it would be if they are now who I'm going to supposedly have to cite as a reference.

I've used fly paper and a jar of sugar and water under my chin for bait

[psychocandy]

I'm waiting with baited breath to get an email from the end-end client who i emailed the 'we wont pay as the end-end client refuses to pay' letter, to get digital evidence that they are telling porkies.

At that point It's time to start thinking of how I'm going to deal with these idiots. In the cold light of day this is now 2 years of my life as something I can't go and cite for references, in addition to the claims they have made to my umbrella..... DEFAMATION and affects my ability to get future work.

I'll gladly take every penny i'm due, and hand it to a solicitor to go after them now.

I had similar. One day gig which was a complete shambles due to end customer.

Agency said not paying you cos client is not paying us because their customer is not paying them. My answer to agency - not my problem Im not getting involved in arguments like this - I turned up and I did the work I could in good faith. (It was all to do with contact on site being off sick, no-one else having a clue what was needed, no-one knew any passwords, hardware locked in cupboard, couldnt find key etc. I spend half the day sitting there).

Ended up taking them (agency) to small claims court which was a laugh. They didnt turn up (obviously) so I won. They paid up in full shortly after plus court costs.

[Safe Collections]

The end client was one project from about 3-4 across a bunch of other clients. I can't go and give a reference for another company if I'm going for work and they want references from past employers (yes, it's the brolly before you get cute )

I hardly see why I should just suck it up if fraudulent claims are being made as a means of withholding payment.

They may very well go and tell the end-end client who will no doubt want them to comment on this, something that 'helps' their claims. Someone who matters? Well it would be if they are now who I'm going to supposedly have to cite as a reference.

I've used fly paper and a jar of sugar and water under my chin for bait

We don't think anyone is encouraging you to submit to a fraudulent claim, but practically you will face difficulties in taking action as an employee of the contracted party.

The Brolly should really be taking a hardline with this given the length of time you put in with this particular client. What if anything are the brolly doing or saying to recover this balance? Also be aware that some brolly co's may prefer to pass the buck and assign this debt directly to you, we would generally advise against that as it makes any kind of recovery more complicated.

In relation to defamation, our suggestion would be to simply ignore any childish claims from the client and just concentrate on the unpaid invoice. Claims for defamation can be extremely expensive and long winded affairs.