My old client won't pay me!

**DodgyAgent** · 2 July 2010, 14:45

Originally posted by MarkT View Post

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?

**Growernotashower** · 2 July 2010, 14:47

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

**thunderlizard** · 2 July 2010, 14:57

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.

**VectraMan** · 2 July 2010, 15:23

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.

**diesel** · 2 July 2010, 15:47

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

**BolshieBastard** · 2 July 2010, 19:39

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.

**Zippy** · 2 July 2010, 19:53

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?

**TheFaQQer** · 2 July 2010, 19:57

Originally posted by Growernotashower View Post

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.

**SueEllen** · 2 July 2010, 21:37

Originally posted by TheFaQQer View Post

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.

Originally posted by TheFaQQer View Post

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.

My old client won't pay me!