Can I Contact a Client Direct that an agency sent me to?

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Contact a Client Direct
Call a Client Direct about IT Contract

Contact a Client Direct

A contractor wants to know if he can now contact a client direct.

From George:-

I went to two job interviews recently at around the same time.

I got them both.

Although I liked both contracts one of them was for more money and so I took it.

I told the client of the one I turned down at the interview what I had been offered at the other one and told him what I would be getting from the agency for his job.

He seemed surprised when I mentioned what I would be getting from the agency for his job.

He wished me good luck and said that they would be interested in me again if I became available.

No Contract Renewal

The contract that I did take was a three-monther and I‘m a month away from the end of it.

I haven‘t heard anything from the client or the agency about a renewal yet.

I‘d like to get in touch with the other company and go direct – as this would be better money than I am on here.

Can I do this though?

Can I contact a client directly that I was sent to by the agency?

Dr McLaughlin’s IT Contractor Surgery

Of course you can contact a client direct that an agency previously forwarded you to.

You have no contract with the agency.

You had no agreement with them, either written or verbal, where you agreed that you could not contact one of their clients.

It may even be illegal for them to try and make you sign something like that before you even go for an interview.

That fact that no agency ever asked me to sign something like that in my contract career, when it would have been in their interest to do so, would tend to make me think it was because they couldn‘t.

Client Agency Agreement

The only problem could be the agreement between the client and the agency.

There‘s a possibility that the agency could have a contract with them which states that they can‘t take on anyone they sent for interview within a set period.

However, I would say that this would be unlikely.

Contractors tend not to have a lot of legal advice compared to agencies.

However, client companies are likely to have better legal advice than agencies and would have top lawyers scanning any contracts they got from an agency.

They‘re unlikely to agree to a clause like this especially as it was never clear whether the exclusion clause they put in contracts for contractors was ever legal anyway.

Company‘s Problem

But that‘s the company‘s problem, if it is one, and not yours.

You are quite entitled legally and morally to contact the company and ask if you can go direct.

It‘s then up to the company to decide if they will hire you directly.

Look, think of all the leads that agency have got through you and from other contractors by asking you to supply references or of details of where you worked before and who for.

This is your turn to take advantage of a lead that you got from them.

Go for it!

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