Legal Question in Credit and Debt Law in New York

collection of employee's fee for employment agency placement services - from fir

I have an employment agency. I am working with clients who are unemployed and therefore can not afford to pay me while receiving my services. However, they do agree to pay me from their first and/or second paychecks when they start work.

I would like to have a form that I can give to the HR department of their new employers, which will direct them to withhold my fee from their pay checks; and send directly to me. this would be a non-court ordered arrangement.

does a form like this exist? I have no problem getting the client to sign a promise to pay agreement. My problem is making it binding and agreeable with new employers.

Thank you for your immediate response.


Asked on 11/07/04, 3:23 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: collection of employee's fee for employment agency placement services - from

You are correct. Such a form/agreement that would bind the employer will help you in a variety of ways.

While no such 'form' exists, your solution lies in the area of 'third party contract law'. It is a drafting problem and can be solved in one of several ways.

You seem to be leaning towards binding your client into a direction whereby the client must direct the new employer to pay you. This is better than establishing a lien on the employment proceeds.

Your preferred outcome can be accomplished through establishing you as the '3rd party beneficiary' of the employment contract.

I can draft such an agreement/clause for you. You may set up a consultation for no fee through email or 914-576-0912 or 646-591-5786.

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Answered on 11/07/04, 4:53 pm


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