• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

False Employment Duration

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mahbod13

Junior Member
What is the name of your state (only U.S. law)? New York

1 month ago I had two job offers. The first one was a 9 months contract and the 2nd one was a 3+ months contract with the promise of being permanent after 3 months. I was going through different recruiting agencies for both of these offers.
Both positions were W2 contract.
I decided to go with 3+ months contract because the recruitment agency said this company is planning to make you full-time after 3 months.
Now, after a month of working, the company that I am working (not the recruiting agency) has informed me that the contract that they have with recruiting agency is only one month with no promise to become a full time employee. They had never requested a 3+ months but one month contract.
I have checked my contract and it has not mentioned the duration(which was my mistake to not notice it until now) but I have the job description that the recruitment agency has emailed me and it definitely says 3+ months . Is there any law out there to help me in here to get some compensation out of recruitment agency? What should I do now?

Thank you all for reading this and helping.
 


cbg

I'm a Northern Girl
It is not even remotely unusual for a contracting position to take less, or more, time than initially thought. If you don't know that already you haven't been contracting very long.

If your contract doesn't state a specific length of employment it doesn't matter what the job description says. Job descriptions are not legally binding contracts 99.99999% of the time.
 

Mahbod13

Junior Member
It is not even remotely unusual for a contracting position to take less, or more, time than initially thought. If you don't know that already you haven't been contracting very long.

If your contract doesn't state a specific length of employment it doesn't matter what the job description says. Job descriptions are not legally binding contracts 99.99999% of the time.

The thing is that they purposefully lied during the job interviews as they have already knew the position was one month contract and they know that not many contractors go for 1 month contract. So they have lied about it to make it more enticing. Which I fell for it. I know contracts the duration of a contract can change depending on the situation however these guys are just playing dirty by providing false information from start and knowing mislead somebody and causing financial damage in the process.
 

Zigner

Senior Member, Non-Attorney
The thing is that they purposefully lied during the job interviews as they have already knew the position was one month contract and they know that not many contractors go for 1 month contract. So they have lied about it to make it more enticing. Which I fell for it. I know contracts the duration of a contract can change depending on the situation however these guys are just playing dirty by providing false information from start and knowing mislead somebody and causing financial damage in the process.

Then I would suggest that you not use these folks any more.
 

Mahbod13

Junior Member
Because you are likely teetering precariously on the line of defamation.

Good to know. So I am not going to say they lied. I just report the events without accusation and let people judge it for them selves. That would solve the problem of defamation. Right???
For example, I will report : in the job description it says 3+ but after a month they say it was 1 month from beginning and the company<not recruiting agency> admit that they have requested one month contract. And now I have no job and I don't trust them as far as I can throw them.
 

eerelations

Senior Member
Defamation issues aside, most, and perhaps all (and given my vast experience with staffing agencies on the employer side, I would say "all" is more likely) of the recruitment agencies that see what you said about this particular agency, true or not, would label you as a troublemaker. And incorrect though they may be in your opinion, they may then refuse to consider you for any jobs, contract or otherwise. And this would be perfectly legal.

You might consider suing the agency for detrimental reliance, however, add the following to your consideration:

1. you will need an attorney;
2. the fees will be high;
3. it will take a long time; and
4. the troublemaker label will definitely be applied as soon as the lawsuit is filed.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top