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First contract, am I being stiffed? 1

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dmusicant

Programmer
Mar 29, 2005
253
US
I posted in this forum (Subject: Advice for first time contractor, my first and only post at Tek-Tips) about a month ago concerning my first contract position. My concerns at the time were with the nature of the contract.

The contract was to be for 6+ months, probably to be renewed at least once. However, it only lasted 2.5 days.

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 (5 years a contract worker at the same client company, and under contract with the same recruiter as I) 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. 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. He says he will get back to me "shortly." I manage to get a promise from him that he will call me tomorrow.

What is my standing here? Thanks for your input.

Dan
 
I think Chiph's advice to walk into the recruiter's office was the best. I did that and I believe they picked up from my demeanor that the smart thing was to just pay me and be done with it. I deposited their check at the first opportunity. It's history now. They continued to advertise the position for weeks. I discussed the incident at my last user group meeting for my programming language. The head of the group immediately noted that the position lacked attractiveness because of the low pay. I continued to explain my entire experience. It was a little humiliating to have to explain to my peers that I was summarily fired for no apparent reason and suffered the indignity of having to drive 40+ miles to get these people to pay me. However, I didn't regret being upfront with it. I figure it's best to be upfront in the long run. Better things happen all in all.
 
Glad to hear you were paid!
One bit of advice, take checks for contracted work directly to the bank the check was written from after recieving it. If it is a little out of the way, so what you get cash, and do not have to worry about a check being stop payment, if they are disreputable.

You do not always get what you pay for, but you never get what you do not pay for.
 
Been in business nearly 35 years in New York city. Only worried about two checks clearing, so I went directly to the bank..other than that I deposit them in my business account.

Of course if you purchase materials, get the money up front. In this day and age there it is insane to purchase a large amount of materials for a client on your tab, I have all my clients' credit card info.


........................................
Chernobyl disaster..a must see pictorial
 
In some states if an individual or company knowingly issues a check with the knowledge that the check will not clear either for NSF or a stop payment the individual can take the issue to court and not sue for the written amount but up to 3X the written amount. Don't forget that it is also this practice is illegal.

Shoot Me! Shoot Me NOW!!!
- Daffy Duck
 
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