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Agency won't pay up

  • 25-07-2008 10:35am
    #1
    TirEoghain
    Registered Users, Registered Users 2 Posts: 339 ✭✭


    Self employed contractor here. The client is refusing to sign my timesheet, claiming that my work wasn't up to thier standard.

    I just sent the invoice with the unsigned timesheet, but they won't pay unless the timesheet is signed.

    My contract is with the agency. Is there any way I can get this money from them, as there nobody disputing the fact that I was actually there for the days that I want paid for.


Comments

  • #2
    mrpink6789
    Registered Users, Registered Users 2 Posts: 830 ✭✭✭mrpink6789


    check your contract. I work with contractors and we put in our contract that we cannot pay unless the client signs off on your timesheet, you should check that first off. The agency wont pay as well because the client is obviously not going to pay them for that timesheet so they are just covering themselves.

    Did the client give you exact details? In Employment law they have to tell you exactly why they are not signing off on their timesheets. why do you think the work was unsatisfactory? do they have grounds to say this?


  • #3
    TirEoghain
    Registered Users, Registered Users 2 Posts: 339 ✭✭TirEoghain


    The contract does say that they will only pay upon receipt of a signed timesheet.

    As regards to the client, they won't talk to me, as my contract is with the agency. The agency are just saying that the client says that the work was unsatisfactory, but they never said nothing to me about my work while I was there.

    I had 3 days booked off in October, and the client told the agency that they would have to get somebody else if I didn't cancel the holidays. I went to meet the agency at thier request on what turned out to be my last day. I told them that I wouldn't cancel the holidays, so the agency and myself verbally agreed to end the contract there and then.

    As I wouldn't be back on the client site, the agency said that they would get the client to sign the timesheet. A couple of days later, the agency told me that the client wouldnt sign off because I wouldnt cancel the holidays, and that my work was unsatisfactory. They also mentioned that I was on the internet while I was at work. I have to say that the internet use was minimal, and permissible under their own internet use policy.


  • #4
    mrpink6789
    Registered Users, Registered Users 2 Posts: 830 ✭✭✭mrpink6789


    The client sound like complete wa**ers in this case. Especially with the whole not liking you going on holidays. The agency have to sort this out for you. I have not come in to this problem before and I have been working with IT Contractors for 3 years. But i would suggest you arrange a meeting with the agency straight away. If it's a junior guy make sure his/her manager is there. They have to give you valid reasons why your work was unsatisfactory. If they won't give this to you then you can simply get the law involved as it breaches rights of employment laws! Ring the agency and tell them to find out why your work was unsatisfactory and arrange to come and meet them.


  • #5
    Feelgood
    Registered Users, Registered Users 2 Posts: 2,191 ✭✭✭Feelgood


    mrpink6789 wrote: »
    The client sound like complete wa**ers in this case. Especially with the whole not liking you going on holidays. The agency have to sort this out for you. I have not come in to this problem before and I have been working with IT Contractors for 3 years. But i would suggest you arrange a meeting with the agency straight away. If it's a junior guy make sure his/her manager is there. They have to give you valid reasons why your work was unsatisfactory. If they won't give this to you then you can simply get the law involved as it breaches rights of employment laws! Ring the agency and tell them to find out why your work was unsatisfactory and arrange to come and meet them.

    On the button with that answer.....


  • #6
    TirEoghain
    Registered Users, Registered Users 2 Posts: 339 ✭✭TirEoghain


    I have spoken with the agency, and they say that they're going to get written confirmation from the client as to why they think my work was unsatisfactory.

    Was only my first week out of a 6 month contract, so it would be interesting to see what grand things they were expecting from someone in the first week.


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  • #7
    kayos
    Registered Users, Registered Users 2 Posts: 2,494 ✭✭✭kayos


    TirEoghain wrote: »
    Self employed contractor here.

    This part means Employment laws dont count. The OP is a contractor. This means they are not an employee of the agency or client but of their own company.

    Its a bit rough that they are refusing to sign off on the time sheet completely. If they had problems with your work they should have brought it up earlier. Refusing to sign a time sheet based on the open ended reason they are giving is bang out of order. If that had that much of a problem with your work they should have let talked to you or let you go and not waste your time. Not let it run to get a full months work out of you and then refuse to sign it off.

    I’ve managed a team of contractor’s before and we had a few of them taking the piss, but in those cases it was addressed and the contractor’s given a chance to explain/change etc and a mutual agreement reached. Sometimes this did end up in a reduced number of days being billed.

    As for the holidays eeekkk thats nasty. Standard practice is give 14 days notice and you get your days off. These days might then be tacked onto the end of the contract.


  • #8
    TirEoghain
    Registered Users, Registered Users 2 Posts: 339 ✭✭TirEoghain


    It's going to be a tough one to get resolved.
    Looks like I'll be forced to go down the legal route now, as nobody is going to budge.

    The client won't sign the timesheet, and the agency won't pay. There is nobody disputing the fact that I was there on the client site for the days in question, although they may well do if push came to shove.

    And don't worry, I will name and shame all once it's resolved. Would hate to see anyone else ever get involved with this client, and would like to see less custom going thier way. They won't ever go away, but a reduction in their profit would make me happier.


  • #9
    mrpink6789
    Registered Users, Registered Users 2 Posts: 830 ✭✭✭mrpink6789


    kayos wrote: »
    This part means Employment laws dont count. The OP is a contractor. This means they are not an employee of the agency or client but of their own company.

    Sorry yes i didn't mean the actual sanctioned employment law but contractors do have rights if they are not being paid.

    It reflects badly on the client in this case but if you are interested in looking at another contracts with a good agency pm me and i may be able to help you!


  • #10
    TirEoghain
    Registered Users, Registered Users 2 Posts: 339 ✭✭TirEoghain


    mrpink6789 wrote: »
    Sorry yes i didn't mean the actual sanctioned employment law but contractors do have rights if they are not being paid.

    It reflects badly on the client in this case but if you are interested in looking at another contracts with a good agency pm me and i may be able to help you!

    PM Sent. Cheers!


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