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Author Legal Kinda Advice
Antz
Member

Registered: 28th Jul 03
Location: Leeds         Drives: Myself Insane!
User status: Offline
11th Feb 07 at 23:27   View User's Profile U2U Member Reply With Quote

OK, heres the situation in short...

Had a contract with a local company... it says in there I can't work on customer sites for 12 months after contract termination...

I went and got a regular job at a pub down the road who paid this other company and then they paid me...

I made the night to what it is now, we have a brilliant relationship (staff and management)...

The contract I had with this company got terminated, and the pub are now not happy at all with the service the new guys are providing and want me back...

Where do I stand if they got rid of this company and got me in private?

I mean it's not like I'm going in and turning them against the other company, they have approached me...

Aslo, if they get me to court, what's the worst that can happen?
Antz
Member

Registered: 28th Jul 03
Location: Leeds         Drives: Myself Insane!
User status: Offline
11th Feb 07 at 23:27   View User's Profile U2U Member Reply With Quote

Oh, also, there is no written contract between this pub and the other company
bree
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Registered: 16th Jan 04
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12th Feb 07 at 02:48   View User's Profile U2U Member Reply With Quote

is it the pub where H works??? just wonderin
abdus
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Registered: 23rd Feb 06
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12th Feb 07 at 07:56   View User's Profile U2U Member Reply With Quote

does your contract have any mention of the pub? or is it listed as one of its customers anywhere?
Antz
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Registered: 28th Jul 03
Location: Leeds         Drives: Myself Insane!
User status: Offline
12th Feb 07 at 10:43   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by abdus
does your contract have any mention of the pub? or is it listed as one of its customers anywhere?


The only written recrords they have is the bank details and invoices they send to the pub... that's all.


And yes Brianna it is
Antz
Member

Registered: 28th Jul 03
Location: Leeds         Drives: Myself Insane!
User status: Offline
13th Feb 07 at 00:49   View User's Profile U2U Member Reply With Quote

Anyone? Been in tonight (I would normally be be working there tonight) and had nothing but bad comments from staff and the land lady..... can anyone shed a bit of light on this for me?....
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
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13th Feb 07 at 00:53   View Garage View User's Profile U2U Member Reply With Quote

So basically an agengy employed you but you now want to work direct despite it being a condition of your contract that you don't work direct for 12 months?

They could technically sue you for their losses which would presumably amount to their cut had you still been with the agency.
Antz
Member

Registered: 28th Jul 03
Location: Leeds         Drives: Myself Insane!
User status: Offline
13th Feb 07 at 01:06   View User's Profile U2U Member Reply With Quote

It's not really me wanting to do it...

Now I've gone they are using an agancy to supply DJs... I didn't work for an agancy before, it was a small company but we all happened to be DJs...

The pub are complaining to me becasue I was the first and only DJ they have ever had, and I built the night up, I know the croud and I know the punters........... now I've not been there the company are sending agency DJs in there and it's a different one each week... they want a regular DJ... so want me back cos I already know the place....

So if it isn't me it'll be someone else... common sence... I think any way...

it's the pub that want me back

[Edited on 13-02-2007 by Antz]
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
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13th Feb 07 at 02:01   View Garage View User's Profile U2U Member Reply With Quote

The fact they want you doesn't remove your contractual obligations.

Depends on a few things, strength and legality of the original contract, which if it was written by DJs may not be worth much anyway. Secondly whether they actually have means to pursue costs which won't really amount to much anyway.

Then there is whether your original employer or indeed you wants to sour the relationship and whether you or anyone at the pub is prepared to approach the original employer with an offer to buy out of the contract.

Many factors.
Antz
Member

Registered: 28th Jul 03
Location: Leeds         Drives: Myself Insane!
User status: Offline
13th Feb 07 at 02:30   View User's Profile U2U Member Reply With Quote

hmmm... might just risk it... they have means to take people to court, they have done in the past... loads of times in fact...

but I'll just argue the fact that they were going to lose the contract any way and so can;t do me for earnings cos they;ve fucked that up themselves.
Dom
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Registered: 13th Sep 03
User status: Offline
13th Feb 07 at 02:34   View User's Profile U2U Member Reply With Quote

surely, if the pub cancels their contract with the company then you could happily work for them as they wouldn't have been out of money?

Would probably be the better way to go about. Have a talk with the pub landbord, might beable to sort something out

 
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