New contract but do I have grounds to switch agent?

[PinkPoshRat]

Here's the situation....



I'm contacted by Agent A who tells me about a role they have, but as the clients location is 300 miles away I need to ask what the payment terms are. Their payment terms are 30 days, and I sent an email to Agent A stating that I would not accept their 30 day terms. Agent A responds by telling me that they might be able to arrange a one off payment after 14 days, but tell me to wait and see whether the client wants to interview me first.

I'm interviewed, and all goes well. Hiring manager contacts Agent A to say they'll start drawing up a contract.

In the mean time I discover that Agent A is a 2nd tier supplier, so I give the preferred supplier, Agent B, a call and ask them what their payment terms are. Unsurprisingly their payment terms are 10 days. I ask Agent B whether I could go via them and cut out Agent A. Agent B then tell me that they originally contacted me a few months ago for a PM role with the same client. This role went stale, but the agent at the time who dealt with the PM role left and went to work for Agent A!

Agent B now think that my details have been taken from their system by the 'rogue agent' who left to go and work for Agent A.

So what now are my chances of being able to switch over to the Agent B (the preferred supplier for the client)?

[Not So Wise]

If you have not signed a contract you are pretty free to do whatever you want in regards to this (under the understanding they could try to sue you..highly unlikely and even if did would probably fail)

Your chances of swapping agency's is entirely down to what agency B is willing to do, as the risk of litigation for them is higher

[PinkPoshRat]

What I have now been told is that the HR dept are drawing up a list of all contractors who are through Agent A. The list will be compared against names help with Agent B.

I think what is happening now is that agent b wants see whether their man (the rogue agent) took a load of contractor's names/cv's/contact details with him when he left, and transferred this info over to Agent A's database. In my limited knowledge, it could be classed along the lines of stealing data/intellectual property or something..?

[Not So Wise]

Yes it could be classed as many such things...but it has nothing to do with you and is not your concern

Delay as long as possible (without risking contract) signing with A while you wait to see if B will sign you up (and see if client will accept it)

[Fred Bloggs]

I really doubt they can prove a case against the "rogue" agency. Many contractors would have been registered at both agencies anyway and those that weren't could easily have been found on a CV's website or LinkedIn, Facebook etc.....

[northernladuk]

Ignoring the rogue data and so on and look at it from a personal point. Agent A will claim first dibs on you quite rightly. If you try and switch Agent A will kick up a right stink probably involving the client which will rarely have a good outcome for you. I (feel) I lost work over a contract I got put forward to by two agents because they got in to a bun fight involving the client. I think the client said nuts to it, cancelled the role and started again to shut them both up. I could be wrong but that's what it felt like to me.

If you went with Agent A and the client + Agent B take legal action and he has to hand them all over to Agent B then maybe you have a bit of protection but you are still the one thing that is flexible in all this. They could agree to ditch everything they have and start again which again doesn't bode well for you.

I have a feeling that this won't be fixed quickly in which case if you wait you are going to get shafted. I wonder if it would be better to sign for Agent A. At least that way you have a contract. At present you don't have a leg to stand on.

[PinkPoshRat]

I'm sorry to hear that you were possibly shafted by 2 agencies squabbling over ownership of you.

I'll follow your advice here, and go with Agent A. I'll just have to hope that they can pay sooner than 30 days, if not than it's a real show-stopper.

[JamJarST]

I'm sorry to hear that you were possibly shafted by 2 agencies squabbling over ownership of you.

I'll follow your advice here, and go with Agent A. I'll just have to hope that they can pay sooner than 30 days, if not than it's a real show-stopper.

Why is 30 days a show stopper?

[PinkPoshRat]

Why is 30 days a show stopper?

Unfortunately I am broke, I have spent the war chest supply! The role is 300 miles away, so the travel and living expenses will make it impossible to survive.

Even waiting 2 weeks for payment will be a real problem for me.

[JamJarST]

Unfortunately I am broke, I have spent the war chest supply! The role is 300 miles away, so the travel and living expenses will make it impossible to survive.

Even waiting 2 weeks for payment will be a real problem for me.

I know how you feel, my contract is 500 miles away. I made the move from permie to contract and had about 5 months war chest saved, the cost of coming here while I waited for the 35 days (30 days payment terms plus the first week of work) nearly wiped that out.