Same client different agents??

[bennyboy]

Hi Guys

I went for an interview with a big law firm through Computer Futures (I can hear your collective gasps already). After turning down the job after negotiating a hourly rate the agent from Computer Futures got nasty and put me on the S3 blacklist. still makes me laugh.

1 month later I still don't have a contract (not because of the blacklist I should add) and a different agent has come back to me with a job at the same client. They assure me it's for a different role but it all sounds the same to me. Well after being out a contract now for 2 months I'm considering going for it. The new agent knows about my previous interview through Computer Futurers and have asked me to write an email asking them to represent me in regards to a contract with this law firm because I am unhappy with Computer Futures services.

What's the legal stand point here? If the client says in writing that this is a different position and I say in writing that I am not happy with Computer Futures service can this come back to bite me in the butt if I go for a second interview and accept the job this time?

Hope that made sense

Cheers

Ben

[XLMonkey]

the second agent is trying to ensure that you take the hit if Computer Futures get annoyed about you going for an interview with the same client.

Your legal position depends on whether or not yourco signed an agreement with Computer Futures not to resubmit yourself to the same client. If you haven't signed any paperwork from CF then you're fine.

If you have signed paperwork then you're probably fine as well. It's very difficult indeed for agents to enforce these sorts of non-compete/non-solicitation clauses. However, the end client may get caught out, as the agent can legitimately go for them if they breach the terms of the original agency agreement. In addition, some agents have agreements with each other not to submit the same candidate for the same job.

That's not really your problem, though....

I think that you are safe to ask the second agent to represent you. However, I wouldn't say anything at all about Computer Futures in any letter, or about being dis-satisfied with them.

[rootsnall]

Very much agree with the approach of not mentioning Computer Futures in the email and I would accidently forget to send the email at all.

Sounds like it may be a situation to avoid altogether to me !?

[tim123]

the second agent is trying to ensure that you take the hit if Computer Futures get annoyed about you going for an interview with the same client.

I don't think so. The second agent won't have any liability for this anyway, and nothing that the second agent can do will take the client out of the firing line.

If CF do find out about this, the contractor is going to get ear ache from them whether he's provided this letter or not. Whether they have any winable legal recourse is another matter.

At the end of the day, the one with the money is the client. IMHO the worst that can happen to the contractor is that CF put the client into a position where they have to terminate. Most of the risk is with the client here, it is they who have to make the decision whether to proceed or not.

tim

[ratewhore]

different role. feck em and go for it...

[Ruprect]

What I try to do in this sort of situation is to get a reference number from the agent for each role for which you've been put forward (may be a bit late for you this time). That way, as long as the reference numbers are different you can go in for as many roles as are there with as many agents as you like, as they're all putting you forward for different roles.

HTH