breaching agency non-disclosure agreement, as a counter-threat..consequences...

[keitho]

Hopefully my episode from hell is now over after the recruitment agency have decided to pay me, but it got me thinking

Basically the company I worked for, through the agency, they had this 'top secret' product, which would interest a lot of people. Now I never signed an NDA with them (it was the weekend) but there is a clause in my agency contract about not disclosing company information afterwards.

After they pulled the, 'we don't like it so we dont want to pay', along with defamatory comments about my character, I was so angry that I was in two minds to threaten them with leaking the files, unless my money was paid as agreed...say I did do this, what could they do to me legally? would it be considered blackmail? extortion?

[pmeswani]

Hopefully my episode from hell is now over after the recruitment agency have decided to pay me, but it got me thinking

Basically the company I worked for, through the agency, they had this 'top secret' product, which would interest a lot of people. Now I never signed an NDA with them (it was the weekend) but there is a clause in my agency contract about not disclosing company information afterwards.

After they pulled the, 'we don't like it so we dont want to pay', along with defamatory comments about my character, I was so angry that I was in two minds to threaten them with leaking the files, unless my money was paid as agreed...say I did do this, what could they do to me legally? would it be considered blackmail? extortion?

What does your legal advisor say? Just because they may be in breach of contract, you would be in breach by disclosing information that you have agreed not to disclose. You could argue that your contract is null and void because you haven't been paid, but you have to prove that it is.

If your contract states that the agency is not obligated to pay you if your work is unsatisfactory, then you can challenge this in court and force them to prove it. I would go CAB and possibly see a lawyer and look at taking legal action against the agency.

[keitho]

What does your legal advisor say? Just because they may be in breach of contract, you would be in breach by disclosing information that you have agreed not to disclose. You could argue that your contract is null and void because you haven't been paid, but you have to prove that it is.

If your contract states that the agency is not obligated to pay you if your work is unsatisfactory, then you can challenge this in court and force them to prove it. I would go CAB and possibly see a lawyer and look at taking legal action against the agency.

ok so even if I did 'opt-out' whatever the hell this means, I could still challenge the decision in court?

It just sounds a little incredible to me that a contractor could work for a month, pay £400 in travel expenses and £100 on lunch etc, complete the work, and all could be thrown in the garbage with a simple 'we don't like it' from the client? No money for time even? Has anyone ever won a court case like this?

I am actually waiting for them to pay the money, and then I am going to sue the company for libel...some of the lies they said about me were just over the top and uncalled for, and I think I can show since multiple people were involved that it did damage my reputation

[pmeswani]

ok so even if I did 'opt-out' whatever the hell this means, I could still challenge the decision in court?

It just sounds a little incredible to me that a contractor could work for a month, pay £400 in travel expenses and £100 on lunch etc, complete the work, and all could be thrown in the garbage with a simple 'we don't like it' from the client? No money for time even? Has anyone ever won a court case like this?

I am actually waiting for them to pay the money, and then I am going to sue the company for libel...some of the lies they said about me were just over the top and uncalled for, and I think I can show since multiple people were involved that it did damage my reputation

IMO, your Opt-in/out status has nothing to do with it. If the agency is questioning your credibility and the quality of your work, and you have evidence to the contrary, you can claim that the agency is committing an act of fraud and that they are deliberately witholding funds. Do you have signed timesheets? This can be used as part evidence that the client was happy with your work up until the last timesheet was signed. If you don't have signed timesheets, well, the agency doesn't have any obligations to pay you, unless you have proof that the client was happy with your work.

[northernladuk]

ok so even if I did 'opt-out' whatever the hell this means, I could still challenge the decision in court?

It just sounds a little incredible to me that a contractor could work for a month, pay £400 in travel expenses and £100 on lunch etc, complete the work, and all could be thrown in the garbage with a simple 'we don't like it' from the client? No money for time even? Has anyone ever won a court case like this?

I am actually waiting for them to pay the money, and then I am going to sue the company for libel...some of the lies they said about me were just over the top and uncalled for, and I think I can show since multiple people were involved that it did damage my reputation

Keitho, I don't want to sound rude but... You have posted your sorry tale in another thread and all of a sudden it appears that your agency are now going to pay you. About a grand wasn't it. Hardly an epsiode from hell, just one of those things in business. Not pleasant but it happens and you cleared it up quickly.

We gave you advice on opt out/in where to read up on it and still appears you haven't bothered to look at it.

You mention a court case but why? You got your money? It very very rarely goes to court for 1K. It just isn't worth peoples time. You keep pushing and someone eventually gives in. It's like 2 days work.

You can't sue a company for libel just because they told some lies about you, you are bording on being an idiot now. When you start throwing away terms like this people lose intrest and your credibility just goes down the pan and it hasn't damaged your reputation at all. You need to grow up and grow some...

I don't even think about selling the company secrets on, that his highly unprofessional and if the company can prove they have lost revenue because of it you are in some very serious hot water. You already stated there is a clause in your contract about it so you are up tulip creek without a paddle. Check your contract to see if there is anything about the client owning the work or something like that.

Just get your money, put it to bed, show some professionalism and move on.

[pmeswani]

Keitho, I don't want to sound rude but... You have posted your sorry tale in another thread and all of a sudden it appears that your agency are now going to pay you. About a grand wasn't it. Hardly an epsiode from hell, just one of those things in business. Not pleasant but it happens and you cleared it up quickly.

We gave you advice on opt out/in where to read up on it and still appears you haven't bothered to look at it.

You mention a court case but why? You got your money? It very very rarely goes to court for 1K. It just isn't worth peoples time. You keep pushing and someone eventually gives in. It's like 2 days work.

You can't sue a company for libel just because they told some lies about you, you are bording on being an idiot now. When you start throwing away terms like this people lose intrest and your credibility just goes down the pan and it hasn't damaged your reputation at all. You need to grow up and grow some...

I don't even think about selling the company secrets on, that his highly unprofessional and if the company can prove they have lost revenue because of it you are in some very serious hot water. You already stated there is a clause in your contract about it so you are up tulip creek without a paddle. Check your contract to see if there is anything about the client owning the work or something like that.

Just get your money, put it to bed, show some professionalism and move on.

I must admit that I didn't read the other thread before reading this one. On reflection, I withdraw what I said and say, as usual, what NLUK said.

[keitho]

Keitho, I don't want to sound rude but... You have posted your sorry tale in another thread and all of a sudden it appears that your agency are now going to pay you. About a grand wasn't it. Hardly an epsiode from hell, just one of those things in business. Not pleasant but it happens and you cleared it up quickly.

We gave you advice on opt out/in where to read up on it and still appears you haven't bothered to look at it.

You mention a court case but why? You got your money? It very very rarely goes to court for 1K. It just isn't worth peoples time. You keep pushing and someone eventually gives in. It's like 2 days work.

You can't sue a company for libel just because they told some lies about you, you are bording on being an idiot now. When you start throwing away terms like this people lose intrest and your credibility just goes down the pan and it hasn't damaged your reputation at all. You need to grow up and grow some...

I don't even think about selling the company secrets on, that his highly unprofessional and if the company can prove they have lost revenue because of it you are in some very serious hot water. You already stated there is a clause in your contract about it so you are up tulip creek without a paddle. Check your contract to see if there is anything about the client owning the work or something like that.

Just get your money, put it to bed, show some professionalism and move on.

yeah its me being unprofessional....the comments they made everyone heard them, about 6 people cc'ed in the email. There's a difference between harsh critisicm and just straight up libel ('banging my hands on the desk like a gorilla'), this was the latter..sure I maybe got the money, I will wait to see, but my reputation was damaged a little this is a small industry

[keitho]

I must admit that I didn't read the other thread before reading this one. On reflection, I withdraw what I said and say, as usual, what NLUK said.

faggot

[quackhandle]

qh

[northernladuk]

yeah its me being unprofessional....the comments they made everyone heard them, about 6 people cc'ed in the email. There's a difference between harsh critisicm and just straight up libel ('banging my hands on the desk like a gorilla'), this was the latter..sure I maybe got the money, I will wait to see, but my reputation was damaged a little this is a small industry

How is banging your hands on the desk like a gorilla libel? The fact you did it at all makes you look poor. I don't know about them damaging your reputation from what I have read relating to your situation and the way you have carried on in here I think you have done a fabulous job by yourself. No smoke without fire etc etc... Acting unprofessionally is the worst reputation you can have in the industry and you have already shown you can do that by offering to sell your clients ideas.

You had advice, you have aired your grievence, you even got back what you want. Time to drop it before you end up looking like and odius little tool. Put it down to experience and move on.

faggot

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