Re: First contract, am I being stiffed?


Swiped from a.c.c

More "tunes of reality" for y'alls consideration.

Or, read the originals over on a.c.c

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On Tue, 1 Nov 2005, Dan_Musicant wrote:

On 31 Oct 2005 15:54:25 -0800, "Terry Lomax" <Lomax47@xxxxxxxxxxx>
wrote:

:Dan_Musicant wrote:
:
:> The contract was to be for 6+ months, probably to be renewed at least
:> once. However, it only lasted 2.5 days.
:
:Not unusual.  Ideally you didn't go out and make big purchases based on
:expectations you'd A) continue to work, and B) get paid, because
:there's no job security in today's world!

I've been there done that more times than most people in 5 times their
careers. I was a temp for around 10 years running and, at least where I
live and work, there was no job security in it whatsoever. I never got
any benefits whatsoever, not a day of paid vacation, not a paid holiday,
no medical, nada. BUT, I ALWAYS GOT PAID! I was an employee, yessirree.

Like I say, this was my first contract, and yes it was 1099, I was not
an employee but on contract with the recruiting company.
:
:My most recent contract ended after only six workdays.  To their
:credit, they paid quickly (I was a direct contractor with no pimping by
:middlepeople).  The contract was supposed to last up to two months, but
:apparently there was some problem from a supplier.  I kind of worked my
:way out of a job by helping spotting problems that may have led to the
:halt.

I've worked my way out of jobs. It's a funny feeling, but I do it
anyway.
:
:> My contract was with a recruiter, and it stipulated that the client
:> could dismiss me at any time with no reason necessary. After 2.5 days on
:> the job (I started in the middle of a day), the recruiter called me and
:> asked how things were going and we had a little conversation and I told
:> him truthfully that I thought they were going fine. The person I worked
:> very closely with had the next two days off, so I did too. The next day
:> (a day off for me) the recruiter calls me early in the evening and says
:> that the client has decided to let me go. There's no firm idea of why
:> they were dissatisfied with my performance or conduct. The recruiter
:> says he will try to find out more.
:>
:> By my wage agreement, I'm owed $700 pretax dollars. I call the recruiter
:> almost two weeks later and ask when I will get a check. He says he will
:> find out and get back to me. I call him again a week or so later and he
:> says he will get back to me next day. Two days later I call and leave a
:> message, and he doesn't return my call and today I call and he answers
:> the phone and says he was about to call me.
:
:Typical, typical, typical.  This is why so many of us hate headhunters.

I don't hate headhunters. I've been treated extremely well by some
headhunters, so so by many, crummy by some, but never told I wouldn't
get my money (and it's never happened).
:
:> He tells me that his client
:> has refused to pay for my services. I ask him why. He says he doesn't
:> know and will try to find out and get back to me. I'm indignant and say
:> that I did everything they asked me to do and didn't fail in any of the
:> tasks and I can't imagine why I shouldn't be paid. I tell him that I
:> think that I am being robbed. I say I don't know what their relationship
:> is with this client but under the circumstances they should pay for my
:> services. I know that they have been doing business (providing
:> contractors) with this client for at least 8 years and that they
:> currently have at least 2 contractors at this company, one for 2 months
:> and the other for 5 years. He says he will talk to his (the recruiting
:> company's) "managing supervisor" and try to find out what they will do.
:> I tell him that my contract stipulates they can let me go at any point
:> they determine that they don't want to retain me, and that they did not
:> do so for over 20 hours of my service and that therefore they should be
:> responsible to pay for my services.
:
:"They" = the recruiting firm, right?  If the client company refuses to
:pay the recruiting firm, the recruiting firm should have an incentive
:to collect so they can get their cut.

Yes, and I'm not going to act the coward and just say, "OK, have it your
way." They are cozy with the client company, but I'm not going to let
these people off the hook. I believe I'd have a great case in small
claims court, but I haven't read the contract lately.
:
:They should have enough "petty cash" to pay you (are you an employee of
:them or a contractor?)  The best incentive for them to pay you promptly
:is the negative consequence they'll suffer by not paying workers on
:time.
:
:One company didn't pay me until over 3.5 months after I started, over
:2.5 months after I first sent them an invoice.  That was a direct
:contract, again no parasitic headhunter.  Some Hindustani in the office
:laughed at my predicament, saying, "What are you gonna do, you're
:powerless, you're working for free, haha!"  I told them if they didn't
:pay, I could do plenty of things such as not check in my bug fixes,
:putting the code in a password-protected zipfile; not show up at work,
:where they needed me to meet deadlines; and if worst came to worst, I
:could be a whistleblower.  If they still haven't paid you by the end of
:the year, perhaps you could be a whistleblower.  You could definitely
:expose the headhunting firm even if you want to be discreet about the
:client company.

You had serious leverage in this situation because you were still
working for them and you were not particularly dispensable.
:
:One coworker NEVER got reimbursed for business expenses.  The client
:company paid the crooked headhunter who kept the money, never giving
:the money to the real worker.
:
:> He says he will get back to me
:> "shortly." I manage to get a promise from him that he will call me
:> tomorrow.
:
:A promise from a recruiter that he'll call "tomorrow" is WORTHLESS!
:Last time a recruiter told me he'd contact me the next day, I never
:heard from him again!  Last time I had an interview with a client
:company set up by a recruiter, the recruiter never bothered to contact
:me to tell me the company's decision; I had to call the recruiter.  The
:scenario you describe above of difficulty contacting the recruiter is
:also common.

I'm used to such treatment, too.
:
:> What is my standing here? Thanks for your input.
:
:Might depend on whether you're an employee of the headhunting firm.

I'm not. I'm 1099.
:
:Did you do any real work in those 2.5 days?

Sure, I did real work immediately and they know where it is. I don't
believe they have grounds for complaint. Of course, when you are a
programmer they can always say you weren't fast enough for them, but
they never hinted that they had any problems with my work or conduct
while I was on the job.
:In my recent short
:contract, I was doing bona fide work instantly and continually (I
:jumped right in and made an immediate impact), and I submitted honest
:time sheets that presumably enabled the accountants/boss to write the
:checks.

I asked both my recruiter and the "gatekeeper" who was my go through guy
at the client firm for timesheets. The first said he'd email one to me
that very day (and didn't) and the gatekeeper didn't provide me with the
time***. So, they have my hours by virtue of the phone conversations I
had with the recruiter. He recorded my hours and said he was submitting
them to the client company. He's never said there was a problem with my
not invoicing them, so I inferred that there isn't. They may try a ruse
such as "but you didn't invoice us," but I just don't think that will
wash, not in court.

Dan

PS  If I take this to small claims court and I win, is it possible that
I can collect anything above and beyond my $700 for my trouble?

Thanks for all replies


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