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RocketA · Feb 4, 2006, 01:37 PM

I recently decided to change jobs. The company that I left had hired me through an employment service. I signed an agreement at the time to re-imburse the employer 50% of the fee he paid if I left before 12 months.

I did indeed leave before 12 months after giving the owner an almost 3-week notice. The week after my final day, I received a letter demanding full payment of the hiring fee as per the agreement - and my former employer will not send me my last check until I pay this. I am still owed two weeks salary - one for my final week and one for a week of vacation that I did not use.

I responded with a letter stating that I would pay him the difference between what I owe after subtracting the two weeks salary - the total is $3000.00. I stated that I will send him a payment of $500.00 per month over the next six months to satisfy this debt.

If he does not agree to these terms, what should I do next? If he demands full payment immediately, what are my options? Was my proposal to him fair and legal?

Thanks in advance for any advice you can give.

tkrussell · Feb 4, 2006, 01:59 PM

When I was in business, I could not withhold any employee's pay or salary for hours worked, without a court order. Check with your state labor dept. for the rules. The finanical agreement I believe is still effective, the debt is still owed, only his terms are in question.

He can sue, he can work with you, it is all up to him. Perhaps offer something as collateral, for time payments, see if you can get him to hold the paper. Yu probably will have a dificult time applying for a loan, but again you may have something to secure the loan, home car, boat, jeweley, just a thought.

Fr_Chuck · Feb 4, 2006, 03:10 PM

You signed signed a legal contract to pay the employor 50 percent of the cost of the employment service if you left within 12 months,

So you owed them the day you left that amount of money. So you are suppose to write him a check for it then, that is what you agreed to do.

While many may tell you they can not hold this or that out of a persons check, if you have money due the employor, for many items, cash advances, un paid commissions as in the case of sales people, or any funds that you have agreed to pay, they will hold it out of your check.

The best you could do to force them to pay would be a law suit, but they would merely counter claim for the amount you owe them.

If they don't agee to accept payments from you, they may sue you in court, get a judgement and garnish your pay for up to 25 percent of your income.

I would have to ask, if you knew you were going to owe all this money why did you leave them

RocketA · Feb 4, 2006, 03:23 PM

Originally Posted by Fr_Chuck

I would have to ask, if you knew you were going to owe all this money why did you leave them

A fair question. I left because it was an absolutely miserable place to work. I intended to stick it out for the 12 months, but a great offer came along and I felt it was wise to take the new job as it or a comparable situation may not be available two or three months down the road. At the time, I was in good enough shape financially to pay the money.

He asked me to stay on for nearly three more weeks and I agreed. A week later, my wife developed a completely unexpected medical condition and wound up in the emergency room. Serious surgery was performed a week later. So now we are hit with co-pays and deductibles and she will lose about two months pay from not being able to work.

I have no problem with having to re-pay the money. I have simply asked the former employer to allow us to pay it back over a six month period as money has suddenly become tight.

Fr_Chuck · Feb 4, 2006, 07:58 PM

Thanks, it was a question that puzzled me. If there were misabe to work for, I doubt if they will work with you, but ifyou were there 6 months I would try to work out to only have to pay 1/2 of the 50 percent and so on,

And honestly I have seen many companies not actully file suit if you don't pay, they just hold your last check, send some collection notices but don't do much more than that. But it is hard to say what any one boss will do.

My current company has went even further, everyone that works for our company actually works for the employment company, no one is actually an employee of the company, that way all personnel issues is done through the employment company.