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03-31-2012, 05:56 PM #1Disabled
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So, anyone know much about business law? (kinda)
Hi all. Just thought maybe I would ask here to see if anyone has some experience in this.
I had a contract for a client through a recruitment agency. I have my own LTD company and I am the sole trader/shareholder.
All the tasks were completed as per client request.
The manner and professionalism of the person was inappropriate and very rude at a point towards me.
I left with immediate effect due to his conduct and professionalism.
I know I have breached my contract with the agency but they were aware of the issue before I had left the client at the end of the working day.
The client is now threatning me and says he is going to sue or file for loss of business. There actually isnt any loss of business. Everything was done ahead of schedule and as per his request.
There were much politics involved in who gets what cut from the profits between him and another company/his "business partner".
I would like to know where I stand on this? he has plenty of time to find a replacement - just to make that clear. It is a small firm/company.
There is no contract between me and the client only between me and the agency, and the agency and the client.
Many thanks,
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04-01-2012, 07:15 AM #2Web Hosting Master
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<snip>
I too have nothing to bring to the conversation, other than speak to an attorney. Legal advice on the internet is worth exactly what you pay for it, and not a penny more.Last edited by SoftWareRevue; 04-01-2012 at 02:13 PM. Reason: quoted post removed
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04-01-2012, 01:43 PM #3Web Hosting Master
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It's going to be highly dependent on the contract you signed.
You delivered all services before the due date prescribed, correct? What was your breach of contract -- leaving early from a time perspective?
Were you paid on some sort of hourly basis, or were you paid solely for the work that was going to be (and apparently was) performed?
-mike
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04-01-2012, 01:56 PM #4Disabled
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yes that is correct, I did delivery parts of the project before or on the deadlines given, especially in this case. The breach was for me walking out without notice (2 week notice).
I was paid on a daily rate basis from the agency, every week to which then they would persue for payment from the client. I explained I dont care about getting paid for the past 2 weeks or not as its not about the money.
reading more and more about the contract, it seems I maybe liable
however I did what I had to do given the circumstances explained.
quote from the contract:
The Contractor shall be liable for any and all loss, damage or injury to any party howsoever arising (whether directly or indirectly)
and resulting from any breach of this Agreement or any deliberate or negligent act or omission of the Representative or any
assignee or sub-contractor to whom the Contractor assigns or sub-contracts the performance of the Services during the
Assignment.
There is also no excuse for the client to not find anyone else for the work if needs be.
there is no excuse for being being disrespectful in the first place, otherwise I wouldn't have been made to feel what I did and did, what I did.
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04-01-2012, 01:58 PM #5Web Hosting Master
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firehawk1010, were you paid as an independent contractor or employee?
The best way to know, typically, is if taxes were deducted. If no taxes were deducted, you were probably an independent contractor. If taxes were deducted, you were probably an employee. I'm assuming you're in the U.S...?
-mike
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04-01-2012, 02:07 PM #6Disabled
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im in the UK.
I get paid as an independant contractor through my own LTD company (im the only shareholder) via the agency. so I do pay tax etc... etc... when informed when by my accountant.
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04-01-2012, 02:19 PM #7Dennis Johnson
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I take it the quote is from your contract of employment with the agency?
It's really hard for us to give you advice. I know what I'd tell someone in the US, but you're in the UK. And while we have similar contract laws, they're not the same.
But reading what you've presented (if we take your words at face value) I don't see how you could be held liable.
The client is now threatning me and says he is going to sue or file for loss of business. There actually isnt any loss of businessThere is no best host. There is only the host that's best for you.
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04-01-2012, 02:28 PM #8Disabled
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Thanks. and yes, the quote is from the contract of employment with the agency.
sure, could let him file for loss but... i dont want to go through courts etc... etc...
at the same time, the actions were done by myself (walking out) due to his conduct.
the way I look at it now is that even if you got treated horrible or been bullied, you cannot leave until you give your notice period, work through it and still "suffer"
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04-01-2012, 05:21 PM #9Web Hosting Master
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I do not know UK law. Generally speaking, you are legally entitled to be paid for hours worked. I would imagine that any claims they had against you would have to be pursued separately, but I am not certain. Who is paying you? The recruitment agency, or the client?
-mike
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04-01-2012, 05:24 PM #10Disabled
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the agency.
yes legally I should be paid but I said, as a goodwill gesture or whatever, that I dont want pay.
I guess the client can persue me directly however there is no legal contract between me and him.
taking a step back, to me shows he has no morals/ethics. - so yes, they can get away with it *sigh*
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04-01-2012, 06:02 PM #11Web Hosting Master
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04-01-2012, 06:11 PM #12Disabled
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I understand and appreciate that (smile)
it seem the smilies here are inverted. I do a smile and I get a frown here.
<< was a smile
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