Any labor law experts here? Headhunter not paying me for a week's work

[dud]

I had no idea we had so many labor lawyers/experts on the forums. Go figure ...

 

[DaWhim]

Nah, I was fully aware of the stipulations of the contract so I'll do the responsible thing and leave it be.
The headhunter was actually one of the best I've ever had, getting me out to interviews, staying on top of things, and not being pushy, so I want to be on good terms with her.

i doubt you are on 1099 since you would need to be incorporated.

just tell them if they don't pay you, u will go to small claim court for it.

frankly, I don't like headhunters. they always try to extract information from you. they get paid only if they can place you on a job. don't be fool that they are doing a favor for you

 

[BoomerD]

i doubt you are on 1099 since you would need to be incorporated.

just tell them if they don't pay you, u will go to small claim court for it.

frankly, I don't like headhunters. they always try to extract information from you. they get paid only if they can place you on a job. don't be fool that they are doing a favor for you

Incorporated?

http://www.wisegeek.com/what-is-a-1099-contractor.htm

 

[DCal430]

so, how are they being paid?

The head hunter company is paid every 30 days and they are paid 15 to 30 days after that. They are paid by the headhunter, and get a 1099. They are considered selfemployee.

 

[sixone]

Contact the labor department in your state. If you can provide them with a copy of the contract, they can evaluate whether you should have been paid for that week of work. If so, they can audit the headhunter's employment/contract records, and recover any compensation that is due to you.

At worst, they'll tell you whether you need a lawyer, and it won't cost you a penny.

 

[DaWhim]

Incorporated?

http://www.wisegeek.com/what-is-a-1099-contractor.htm

i am a contractor myself and i choose to go with w-2 route. the other option is get 1099, but will need to set up a s-corp or llc + buying insurance. I don't make enough to make it worthwhile going with 1099.

you get some idea here
http://www.myllc.com/medical-professional-incorporation.aspx

 

[EagleKeeper]

Some clients require a consultant to be W2. Others will allow 1099 if insurance is provided. Others do not care. If contractor is incorporated, it can increase options. The head hunter will allow as much flexing as the client will allow.

Much depends on what paperwork was signed.

If you walked away from the job with no notice, it says much about your ethics.
While a company can dump you with no notice, very few will do so without cause. They have already invested costs into getting you up to speed.

 

[Leros]

No offense, but you aren't on good terms. Do you know how bad that makes her look to whatever company she had you working for? Chances are they won't be sending any more work her way.

In any case, I doubt the headhunter will want to work with the OP anymore.

 

[Ketchup]

It depends whether you were contracted to do a certain job for a set amount of money or if you were paid hourly for doing work for them.

 

[waggy]

It depends whether you were contracted to do a certain job for a set amount of money or if you were paid hourly for doing work for them.

/this

and that's just one thing that changes if you are contract or not.

OP saying you want to stay on good terms with them is silly. YOU AREN"T on good terms with them.t hey ripped you off and you walked off a job. /facepalm

 

[pcgeek11]

"Consultant shall notify firm of their intention to end employment. Less than 2 weeks notice shall result in forfeiture of any compensation that firm owes consultant."

I did read, sign and agree to it so I was fully aware and accepted the consequences.

Why is this even a question? See the underlined section above. It seems to me you are wanting to back out of your agreement. They shouldn't owe you anything as you knew in advance of the terms and agreed.

Nobody got ripped off.

 

[Ketchup]

Why is this even a question?

Because the paper he signed may conflict with overruling, state laws. I think everyone agrees leaving a job with no notice because you "didn't like it" is not the road to success, but if he was cheated out of his compensation, he has the right to pursue reimbursement.

 

[pcgeek11]

Because the paper he signed may conflict with overruling, state laws. I think everyone agrees leaving a job with no notice because you "didn't like it" is not the road to success, but if he was cheated out of his compensation, he has the right to pursue reimbursement.

So, your word isn't worth anything?

I really don't care what the law says. If you understand the agreement ( which he says he did ) and you sign the contract it is all on you, period.

I am a firm believer in personal responsibility, obviously you are not. It would be an entirely different story if they tricked him. They did not.

 

[Ketchup]

So, your word isn't worth anything?

I really don't care what the law says. If you understand the agreement ( which he says he did ) and you sign the contract it is all on you, period.

I am a firm believer in personal responsibility, obviously you are not. It would be an entirely different story if they tricked him. They did not.

Personally, I agree with you. I believe what he did was irresponsible, and I hope he learns a lesson from it. I am just saying that legally, he may have recourse.

 

[SagaLore]

I did read, sign and agree to it so I was fully aware and accepted the consequences.
But when I spoke to some friends about it

Your friends are wrong. You weren't an employee. You were contracted.

 

[EagleKeeper]

Contractors to a client can still be considered as an employee of the head hunter shop via Fed regulations

Without knowing what the actual contract with the shop states (in total); we have no way of knowing.