Handcuff clauses.... Handcuff clauses....
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  1. #1

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    SimonMac's Avatar
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    Default Handcuff clauses....

    Ok so this old chest nut

    I’m with client A, the have a PSL agent B and they have shipped out my role to Agent C with whom I have my contract with.

    Client A wants me to apply for a different role, which Agent B is going to approach me for. Agent C is asking for a cut which Agent B isn’t happy with and Client A doesn’t want the headache so won’t get involved.

    Opt out was not done right, so I’m only tied to the standard 14 weeks, I’m happy to pay Agent C their cut x 14 weeks so I can take the other role.

    I know most of the times this comes down to hot air rather than legal, but if it does go that far, does the fact I was willing to “buy out their clause” help me in anyway of it ever goes the full course?

    In the good old days I could just was what’s your cut x 70, but as I’m on a deliverables schedule rather than T and M I think this is going to be a non-starter
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

  2. #2

    Godlike

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    Default

    No it doesn’t.
    You have started negotiation which in some ways might be helpful, but it’s also evidence.
    Did you mark your offer as ‘without prejudice’? I presume not as you’re asking.
    But that phrase allows you to engage in negotiation in a way that cannot be used as evidence in court.

    You have basically admitted what you plan on doing, the fact it’s a breach, and accepted financial liability for it.

    All that’s left is the price it will cost you.
    See You Next Tuesday

  3. #3

    I live on CUK

    Old Greg's Avatar
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    Default

    Start up a new company and ignore it.
    Quote Originally Posted by Bean
    I admit that I'm a lazy lying cretin, but so what?
    25 June 2018

  4. #4

    My post count is Majestic

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    If Agent C wasn't involved in the new role they have absolutely no say in the matter. They cannot handcuff you to something they don't have just for the sake of it.

    What exactly are they going to lose if you got for the gig with agent B? They will lose their commission for the role you are in for sure but they would lose that if you gave notice and went anywhere else. The fact its the same client is a red herring.
    Won't the be able to back fill you with someone else and carry on getting paid?.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  5. #5

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    Quote Originally Posted by Old Greg View Post
    Start up a new company and ignore it.
    Or go inside on the new contract, I assume that would have the same effect
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

  6. #6

    I live on CUK

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    Quote Originally Posted by SimonMac View Post
    Or go inside on the new contract, I assume that would have the same effect
    Brolly rather than inside with the same Ltd. I’m not saying it’s bullet proof but it muddies the waters if that’s how you want to play it.
    Quote Originally Posted by Bean
    I admit that I'm a lazy lying cretin, but so what?
    25 June 2018

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