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Sticky problem with agent.

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    Sticky problem with agent.

    Several weeks ago I was contacted by an agency and sent for an i/view. The problem was, I was very keen on the job but not the agency for various reasons. The result is that the company I was sent to has agreed to blow out the agency and employ me direct. However, would the company have a legal obligation only to employ me through the agency? What could the agency do if they discovered what had happened?
    coyr

    #2
    The client has a contract with the agency, whether they signed anything or not (all their terms & conditions will state that by receiving a candidates details they are bound whether they like it or not).
    The agency can sue the client for the "lost" commission (is it perm or contract?) and they can make your life difficult as well.
    Who is the agency? Gissa clue if you don't want to spell it out. And what sort of problems were you having with them?
    His heart is in the right place - shame we can't say the same about his brain...

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      #3
      Who is this Mordac? The Agency police?

      Newbie be wary of contractors bearing gifts!!!
      What happens in General, stays in General.
      You know what they say about assumptions!

      Comment


        #4
        I would say it all depends on the contract between the client and the agency (and you don't know what it is) and how big the client is and how small the agency is.

        Big client with a powerful legal arm and small agency that can't afford to take big client to court means no problems.

        In all seriousness if the client wants to offer you direct contract take it and forget about the agency. It is the client and the agency who will be threatening each other with legal stuff, if you haven't signed anyting it is nothing to do with you.

        If the client is happy to take you direct and then deal with agency all is good.

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          #5
          It's contract, not permie, and there is no problem at the moment. I'm just wondering if a problem could arise in due course. If the agent doesn't find out then I guess all will be ok?
          coyr

          Comment


            #6
            Originally posted by MarillionFan
            Who is this Mordac? The Agency police?

            Newbie be wary of contractors bearing gifts!!!
            You know who I am, we used to work at the same site, remember? I was The Borrower, who nicked all your test kit. You were a permie, sacked after an unseemly incident at the staff Xmas party. Would you like me to refresh your memory even further?
            His heart is in the right place - shame we can't say the same about his brain...

            Comment


              #7
              Originally posted by rib01
              It's contract, not permie, and there is no problem at the moment. I'm just wondering if a problem could arise in due course. If the agent doesn't find out then I guess all will be ok?
              Yes, a problem could arise in due course. The agency commission will be around 20% of your salary, so you work it out. In reality they'll only find out if someone tells them, or if they already suspect and do a bit of digging (e.g. ring up the receptionist and ask to be put through to you).
              His heart is in the right place - shame we can't say the same about his brain...

              Comment


                #8
                Originally posted by Mordac
                You were a permie, sacked after an unseemly incident at the staff Xmas party. Would you like me to refresh your memory even further?
                Spill the beans Mordac .. what did our Thai tat touter get up to?
                --------------------------------------------------------------------------------

                SA - Is it like a dragons nostril?

                Comment


                  #9
                  He's talking threaded.

                  Oh yeah, actually I forgot, there was a thing at the Xmas party wasnt there. I wasnt actually there but two guys who had been working for me on a major project had a go at the Sales Director & IT Director, saying how their interference could sink the whole company.

                  Couple of gutless wonders who thought my two guys didnt have their own ideas and that it must have been up to me. Which it wasnt.

                  Where is that company now Mordac?
                  What happens in General, stays in General.
                  You know what they say about assumptions!

                  Comment


                    #10
                    OK, here's another scenario! If the client filled the position that I was originally i/viewed for, then decided they needed someone else, so subsequently got back in touch with me directly, would that put a different perspective on things?
                    coyr

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