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Old 09-27-2010, 03:33 PM
 
1 posts, read 8,833 times
Reputation: 10

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Hi all. I was extended a job offer from a recruiting firm for a position in New York; the contract I signed stated the start date as "on or around September 27". They had told me that I could put in my two week's notice at my current job since the background check went through fine. Two weeks later, on my last day at my current job, the recruiter's account manager called me and said that their client's budget was not yet approved and that there is an indefinite delay in me starting, "could be a few days, could be a few weeks". He also told me that while they will actively contact the client and look into other opportunities, I should also not sit still and look into other options. The way I see it, this leaves me with no job and they are at fault. My understanindg, which could be incorrect, is that a signed contract is a legally bunding document and I had done everything contingent upon me to get the job done (nothing in this case), while they failed to provide. The fine print does not discuss these events, nor anything similar. What are my options, does this look like a case, etc. Many thanks!
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Old 09-27-2010, 03:50 PM
 
Location: home state of Myrtle Beach!
6,896 posts, read 22,526,677 times
Reputation: 4566
I'm sorry OP. This has happened to me too but my previous employer wouldn't let me go...so it worked in my favor. I don't know what the answer is unfortunately. You might want to talk to a lawyer; most 1st consultations are free.
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Old 09-27-2010, 09:51 PM
 
Location: under a bridge
580 posts, read 2,293,123 times
Reputation: 1042
This is all the more reason not to give notice. You could have worked up until the day you are scheduled to start and then call off or use vacation time. Not only would this give you a chance to try out the job to see if you like it or not, it would have completely eliminated the possibility of what has happened to you. Besides, it's not like most companies give notice to you when they get rid of your job.

Now because you quit your job, it is unlikely that you will be allowed to receive unemployment. However, if they made that job offer in writing, you should definitely show it to the unemployment office. Who knows, they may say that it was good cause for quiting a job and rule in your favor.

I know that I will receive some flack for this advice but I have seen it happen more than once. This is especially true will you are dealing with head hunters.
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Old 09-28-2010, 12:00 AM
 
2,757 posts, read 4,001,235 times
Reputation: 3139
Quote:
Originally Posted by frad113 View Post
Hi all. I was extended a job offer from a recruiting firm for a position in New York; the contract I signed stated the start date as "on or around September 27". They had told me that I could put in my two week's notice at my current job since the background check went through fine. Two weeks later, on my last day at my current job, the recruiter's account manager called me and said that their client's budget was not yet approved and that there is an indefinite delay in me starting, "could be a few days, could be a few weeks". He also told me that while they will actively contact the client and look into other opportunities, I should also not sit still and look into other options. The way I see it, this leaves me with no job and they are at fault. My understanindg, which could be incorrect, is that a signed contract is a legally bunding document and I had done everything contingent upon me to get the job done (nothing in this case), while they failed to provide. The fine print does not discuss these events, nor anything similar. What are my options, does this look like a case, etc. Many thanks!
Please forgive me if you mentioned this (long day), but is there ANY way you can get your old job back? It may be embarrassing as heck , but try (if you haven't already).
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Old 09-28-2010, 07:47 AM
 
Location: The City That Never Sleeps
2,043 posts, read 5,523,480 times
Reputation: 3406
This unfortunate occurrence is yet another example why I absolutely hate recruiters and would never NEVER use them. I would have never put in my 2 weeks notice due to the fact that these recruiters are often unreliable. I would have waited for it to be or not be finalized. Then I would have resigned "due to personal" or other non job related thing/family issue. I'm sorry this happened to you. Unless you are paying THEM to find you a job, you can't enforce that contract.
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Old 09-28-2010, 08:39 AM
 
Location: broke leftist craphole Illizuela
10,326 posts, read 17,427,673 times
Reputation: 20337
I'd read the contract. However, most contacts with employment agencies and employers are slanted entirely to the employer and agency. They typically have no obligation to you and can abuse you as they see fit and let you go whenever they feel like it. However, you have to give them 30 days notice and can't go behind their back and get hired to the company and you have to declare yourself self-employed so the company can cheat on their taxes etc. The only time I would accept a contract job is if I was unemployed and had no other prospects. I would certainly never quit a job for contract or even contract to hire (usually is just bait).
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Old 09-29-2010, 11:34 AM
 
548 posts, read 1,217,389 times
Reputation: 802
Unless your recruiter lied to you (ie there was no job in the first place) or did something to intentionally ********* over, the fact that your job fell through =/= a legal case. What exactly would you be suing the recruiter for?
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Old 09-29-2010, 12:14 PM
 
Location: The City That Never Sleeps
2,043 posts, read 5,523,480 times
Reputation: 3406
These recruiters do this kind of thing all the time, I understand. They also lie quite frequently.
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Old 09-29-2010, 12:17 PM
 
9,727 posts, read 9,728,101 times
Reputation: 6407
Quote:
Originally Posted by MSchemist80 View Post
I'd read the contract. However, most contacts with employment agencies and employers are slanted entirely to the employer and agency. They typically have no obligation to you and can abuse you as they see fit and let you go whenever they feel like it. However, you have to give them 30 days notice and can't go behind their back and get hired to the company and you have to declare yourself self-employed so the company can cheat on their taxes etc. The only time I would accept a contract job is if I was unemployed and had no other prospects. I would certainly never quit a job for contract or even contract to hire (usually is just bait).
Contract employees ARE self-employed. They are paid by hour and are issued a 1099 at the end of the year. There is nothing shady about it.
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Old 09-30-2010, 07:13 AM
 
Location: broke leftist craphole Illizuela
10,326 posts, read 17,427,673 times
Reputation: 20337
Quote:
Originally Posted by kevinm View Post
Contract employees ARE self-employed. They are paid by hour and are issued a 1099 at the end of the year. There is nothing shady about it.
No they are not, at least not by IRS criteria. A contractor is supposed to have their own equipment and perform the work as they see fit for the clients specifications (the client is not supposed to give you training on how to do it btw).

I don't own a million dollars of scientific equipment that I haul around, I have strict criteria how to do the work, I was trained, If I pressed the issue with the IRS they would certainly rule in my favor. However, I don't want to lose my job or possibly get blacklisted so I keep my mouth shut.
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