Trouble Collecting My Fee

My client hired someone after 5 months without telling me according to my contract they owe me the whole fee. The applicant left the job 3 months later because the job was misrepresented. I lowered my fee to 10% of the annual fee to make the client someone happy and now they have told me they only want to pay me 10% of the applicants earnings.This is absurd. Do you have any suggestions. I may have to take legal action. This is not a good client to mine it is first placement I made with them.

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Comment by Professional Recruitment Resourc on October 31, 2012 at 1:07pm: It appears you were not in contact with your candidate if they were able to hire and term before you were made aware. Bereft of details it may be 10% is a cleaner way to go and avoid litigation.

Comment by Jane Roth on October 31, 2012 at 6:06pm: They want to pay me 10% of the applicant earnings not 10% of the annual fee.

This firm I do not want to work with this is the 2nd time this year they think I work for nothing.

Comment by Bill Schultz on October 31, 2012 at 7:41pm: If it's under 10k, take them to small claims court.

@ professional bla bla- are you in contact with each candidate that you presented 3 months ago?

Comment by Jane Roth on November 1, 2012 at 1:27am: Good suggestion. Thanks I thought the amount was lower.Worth a try. I do not assume they will show up.Would I have a shot at collecting?

Comment by Steve N Odell on November 1, 2012 at 9:11am: You can in small claims court. Litigation is harder to collect on if the candidate is no longer employed. It shouoldn't be, it just is.

Comment by Edward N. Woycenko on November 1, 2012 at 10:59am: The first question I would ask you is, do you have a signed fee agreement, and if not, why not? This is the first step in collecting money that was owed to you. The second question, can you establish linkage as to your being the source of the hire? Do you have a guarantee, and if so, how long? If you had issues collecting from this company before, why did you continue working with them? If the answer to the first two questions is yes, then I would speak to an attorney and have them write a demand letter for the total amount due. You must be prepared to pursue this further and it could cost you. If you want to pursue potential litigation, check out Jeff Allen in California as a potential attorney to use in collecting your fee.

Comment by Jerry Albright on November 1, 2012 at 11:33am: Unless I'm missing something - 10% of their "annual salary" would, in this case, but the same as 10% of their wages.

I'd take whatever that amount may be and move on.

Comment by Steve N Odell on November 1, 2012 at 11:51am: Jerry - I think she is saying that the candidate didn't stay very long after going to work there 5 months later. So if she stayed 4 months it only be 10% of those 4 months earnings. I had the same thought as you initially.

Comment by Jerry Albright on November 1, 2012 at 12:02pm: Yep - that's how I read it too Steve.

My professional assessment here is this: A very "spotty/shakey" pseudo placement was made. Take the 10% of earnings and move on down the road.

Truth be told, I'm not even sure I would be invoicing here at all. The person didn't work out.

Comment by Jane Roth on November 1, 2012 at 2:41pm: Thank you for your advice. The company I do not want to work with again after their actions.

........

The firm is not honest.I sent a another girl on an interview- the girl walked in and said I sent you my resume 8 months ago.The contact called me and said they knew her before and will not pay me the fee. Another lie they never met her, they had her resume that is all.They only met her because I sent her there.This is the second time I am not paid.

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