Staffing, Recruitment, Temporary Services, Executive Placement, Employee Leasing, Employment Agencies
The staffing and placement industry is generally the first to be called when help is needed, but the last to be paid when money is tight.
Experienced counsel can quickly offer free advice on even complicated situations. New York Jurisprudence, a treatise that features most of the law developed in New York, includes a few sections on issues relating to staffing and placement agencies. 2/3 of the cases cited were litigated by Amos Weinberg.
For both permanent placements, and especially for temporary assignments, a fee schedule with terms and conditions should always be emailed or faxed to a client before any candidate or temp is sent out. This is almost as good as a contract.
Temporary services must be especially vigilant to do this instead of relying on the provisions in a time sheet because, frequently, a client will hire a temp as its own permanent employee right off the bat without ever signing a time sheet. The fee schedule should outline the exact fee due and preferably express it not only as a percent of the starting annualized salary, but, also, as either a flat fee or as a multiple of the billing rate for the temp, in case the starting annual salary is concealed, or the temp is put on the books of another temporary service or employee leasing firm. Time sheets must contain carefully tailored provisions both for preventing any defense to payment for the hours billed and to get fees for stolen or converted temps. Call or email for the latest forms.
Most trials for placement fees involve either [a] disputes over the guarantee terms or extensions to the guarantee or [b] whether the applicant was hired as a result of the referral. The proper terms in a fee agreement can avoid either of these pitfalls. Moreover, if any candidate is ever referred out of state, especially New Jersey, there must be a provision stating both that New York law governs and all suits must be brought in New York.
Want to do a quick and easy credit check? Ask a client for a copy of a blank check from their check book, and make sure that the client is listed in the phone book or whitepages.com, under the same name as printed on the check.