Getting Screwed By Staffing Company

CptSternn

I was wondering what a contractor can do who gets screwed by a staffing company.

I am a contractor six months into a contract. I am happy at my current location. My boss is very impressed with my work.

That being said the staffing company who pays me now tells me they are moving to a new accounting system, one that pays 21 days after the Wednesday a check is sent to them, meaning about a month after I work I get a paycheck.

So to start this off, they are not paying us for 5-6 weeks (depending on when your check normally sends).

They say it will catch up after I finish my contract - they will owe me a month. Considering my contract could last years like some of my fellow workers, that means basically I get no money for all of November, and half of December, but a few years from now they will owe me a months wage. That does me no good now, with rent for two months, and buying Christmas presents for my family.

I can't afford to go 5-6 weeks without pay. Others might be able to, but I can't. Because of this, I might have to get another job. I like my job, but like I said, can't take 6 weeks off with no pay.

They tell me they are within their rights as a staffing company to do this, and always feed me a bunch of crap saying its legal but it still sounds dodgy to me. I mean, why pay me every week for six months, then all of a sudden they adopt a new payment policy - first change is no payment for a month. The company I work for will be sending them checks - who is keeping the interest the builds for those weeks? Not me. How exactly can that be legal?

Any ideas? Can I take this up with some labour board?

Bandara

can the company not give you an advance on your wages considering the situation? I'd explain this to the person your working for and see if they can put pressure on the staffing co to sort you out as they don't want to lose your services.

Good Cisco people are hard enough to find these days, your a valuable asset

Culchie

I've a feeling they may be having cash flow difficulties.... sounds a bit suss to me.

I doubt that they can do this, it drastically changes your terms and conditions with the staff company.

Darragh29

Culchie wrote: »

I've a feeling they may be having cash flow difficulties.... sounds a bit suss to me.

I doubt that they can do this, it drastically changes your terms and conditions with the staff company.

+1. sounds like your employer might have too much month at the end of their money...

CptSternn

I tried talking to the head of recruiting for the recruiting company, they said 'we will talk to our financial persons and get back to you in a week'. Haven't heard anything yet, but usually when someone says 'I'll talk to so-and-so and see' it means NO.

I then spoke with the company I am working for directly. They are worried about losing me, and they spoke with the same person and got the same response. My direct supervisor said he would kick it up to corporate and see if they can't pull a few strings as they don't want me to leave anytime soon.

As far as saying they can't do it - in a small obscure paragraph buried in my contract there is a line that says they pay 21 days from the first Wednesday after they receive the hours from the host company. I asked why now are they switching to that? The responded, oh, well its our choice to pay you early before. Due to this clause at any time we can switch back to the 21 day and half a week scheme if needed. So yeah, technically it is in the contract, but no one mentioned it or pointed it out and when I signed the contract the terms laid out to me were I get paid weekly. Only last Friday did they come to me and say, oh yeah, your next paycheck will have to last six weeks. Check the fine print on your contract.

I guess we wait and see what the host company I work for does and if they really value my skills to the point they want to go head to head with the recruiting agency. It sucks to be working for a company you like, who likes you, and have the middle man screw it up because of their own financial difficulties.

Culchie

I still think they are on thin ground as they have (through precedent) paid you differently up to now.
I think that 'clause' to be legally correct should read something like 'terms of payment may change with agreement from both parties'. I mean you can't have a situation where you get paid weekly one month, fortnightly next month, and then monthly in month 3 .....then a big juicy cheque comes in, and all of a sudden you get paid weekly again......otherwise how could you oragnise direct debits, mortgage repayments etc....

It still smells of cashflow problems to me.

As you say, wait for your company to see what they can do, it sounds like they will go to bat for you.
To be honest, I think you could 'terminate' your contract with the recruitment agency on these grounds, then 'hire' yourself as a contractor directly to the company, saving the company quite a few quid as well.
Recruitment agencies normally have this angle covered in a staffing contract (which is fair enough) but in this situation, it seems to me that they are unfairly moving the goalposts, and I can't see any tribunal in the land going against you.

Heisenberg.

This post has been deleted.

sprinklesspanky

CptSternn wrote: »

I was wondering what a contractor can do who gets screwed by a staffing company.

I am a contractor six months into a contract. I am happy at my current location. My boss is very impressed with my work.

That being said the staffing company who pays me now tells me they are moving to a new accounting system, one that pays 21 days after the Wednesday a check is sent to them, meaning about a month after I work I get a paycheck.

So to start this off, they are not paying us for 5-6 weeks (depending on when your check normally sends).

They say it will catch up after I finish my contract - they will owe me a month. Considering my contract could last years like some of my fellow workers, that means basically I get no money for all of November, and half of December, but a few years from now they will owe me a months wage. That does me no good now, with rent for two months, and buying Christmas presents for my family.

I can't afford to go 5-6 weeks without pay. Others might be able to, but I can't. Because of this, I might have to get another job. I like my job, but like I said, can't take 6 weeks off with no pay.

They tell me they are within their rights as a staffing company to do this, and always feed me a bunch of crap saying its legal but it still sounds dodgy to me. I mean, why pay me every week for six months, then all of a sudden they adopt a new payment policy - first change is no payment for a month. The company I work for will be sending them checks - who is keeping the interest the builds for those weeks? Not me. How exactly can that be legal?

Any ideas? Can I take this up with some labour board?

I'm in your EXACT same situation, they say I agreed to it in my contract... thing is I NEVER signed one. Shower of cowboys that "staffing company".

kayos

I was going to reply one way until I read that they are just doing what is in the contract. If you did not read your contract then I’m sorry but mores the fool you. Never sign contracts without reading the bloody things. It sucks but you did sign the dotted line.

As for leaving the agency contract and then re-contracting yourself to the company directly I bet if you read your contract there will be a clause in it to stop this as well.

mountainyman

kayos wrote: »

I was going to reply one way until I read that they are just doing what is in the contract. If you did not read your contract then I’m sorry but mores the fool you. Never sign contracts without reading the bloody things. It sucks but you did sign the dotted line.

As for leaving the agency contract and then re-contracting yourself to the company directly I bet if you read your contract there will be a clause in it to stop this as well.

But those clauses are unenforceable. They are in restraint of trade and the right to earn a living.

Set up your own company and agree with the company you are working for that they will pay you directly through that.

Even though you have signed a contract if the contract terms are not enforceable they will not be enforced.

MM

askitnice

Yes I had the same phonecall on Friday basically telling me tough **** we're changing our payments sytem to SAP and you will now only be paid once before christmas and 1 month held back.

So a few days before the monthly invoice they inform me they are changing their payment terms, as per their contract from the next invoice. Nevermind for the past 3-4 years they've been paying within 14 days.

Probably the last time I'll be using CF. (cheeky feckers) They seem to have no regard for their contractors anymore. Its been going downhill in their anyhow for the past year or so.

askitnice

PS Any non compete clause in your contract is only enforceable if you contract to the same client independantly if you sign on as a full time staffer there is nothing they can do to you, as its to do with freedom of labour laws.

But the company you work with could be liable at least for a finders fee if you went this way. Depending on thier contract with agency. The fee is normally the same level as if they recruited you as fulltimer. 10-20% annual sallary or so.