Restriction clause in the contract Restriction clause in the contract - Page 3
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  1. #21

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    Quote Originally Posted by Viny View Post
    I had a call with the guy from agency and mentioned that issue , and asked if they have any other opportunity with other clients. But he mentioned the market is bad an they dont have any role available with them suitable for me.
    He didnt mentioned any other thing that time, as I was communicating them regarding my invoice and approval of time sheet for the past 2 months via my office email ( clients ) , I didnt hid the information from them. The account team from agency confirmed to me that I will get my payment of invoices on 24th april. But than from 27th april they started all this new thing of breach.

    When they are out of business with client ( as client would only deal with PSL) , I am not affecting any money loass/damage to them then why I should be deprived from getting a job and why should be penalised?
    it's not a job. It's a B2B contract that you agreed to. Different rules apply.
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  2. #22

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    Quote Originally Posted by Viny View Post
    I had a call with the guy from agency and mentioned that issue , and asked if they have any other opportunity with other clients. But he mentioned the market is bad an they dont have any role available with them suitable for me.
    He didnt mentioned any other thing that time, as I was communicating them regarding my invoice and approval of time sheet for the past 2 months via my office email ( clients ) , I didnt hid the information from them. The account team from agency confirmed to me that I will get my payment of invoices on 24th april. But than from 27th april they started all this new thing of breach.

    When they are out of business with client ( as client would only deal with PSL) , I am not affecting any money loass/damage to them then why I should be deprived from getting a job and why should be penalised?
    They were waiting on payment from client to come in before informing you of the breach encase your tried to get client to stop it


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  3. #23

    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by Viny View Post
    When they are out of business with client, I am not affecting any money loss/damage to them
    If you are 100% certain of this, then you have nothing to worry about.

    They might counter that you breached the contract with them that you signed, and that you could have continued working through them and into another agency on the PSL. They may also try to argue that it was because of your actions that they aren't on the PSL.

    It would be worth speaking to a solicitor who specialises in contract law (not an employment law). These guys do not come cheap, but they will be able to advise you. You'll need to provide them with the facts and make sure you get everything in writing from the agent and the client.
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  4. #24

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    Quote Originally Posted by GhostofTarbera View Post
    They were waiting on payment from client to come in before informing you of the breach encase your tried to get client to stop it


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    I understood now that they waited for the payment from the client ( I never asked client to stop the payment as I trusted the agency as I worked for more than 4 years for them. But at the end is it legal what they are doing?

    Thanks,
    Viny

  5. #25

    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by Viny View Post
    I understood now that they waited for the payment from the client ( I never asked client to stop the payment as I trusted the agency as I worked for more than 4 years for them. But at the end is it legal what they are doing?

    Thanks,
    Viny
    Is it legal you breaching your contract?

    It might be. It might be, but only in your mind.

    And they will argue that.
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  6. #26

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    Quote Originally Posted by Viny View Post
    I understood now that they waited for the payment from the client ( I never asked client to stop the payment as I trusted the agency as I worked for more than 4 years for them. But at the end is it legal what they are doing?

    Thanks,
    Viny
    This is civil law not criminal law. Very different....
    The thing about civil law is it needs to be tested in court. So what they are doing is legal until someone rules that it isn't.

    The trick now, is to make it so that they realise they won't win in court if they sue you for damages.
    And that they realise they will lose in court if you sue them for non-payment.
    When that happens it is cheaper to pay you and drop the other case than to take it further....

    Unless they just pursue it out of sheer bloody mindedness.... This is why you don't get emotional. Don't be a dick or they might decide to waste a few hundred quid just screwing you around.

    One thing is for certain.... you're not getting this money in the short term. So plan on that and plug away at the other two items.
    See You Next Tuesday

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