Legal Question in Employment Law in New York

I was an employee of a firm (Firm A) who was contracted by another firm (Firm B) to provide staffing services. I was paid by and reported to Firm A but was working at Firm B on a daily basis. After I resigned late last year, I was made aware by an employee of Firm B that the wage that I was being paid by Firm A was not the wage that was contracted between Firm A and Firm B and that this was a deliberate act. I cannot get solid proof of the transgression on the part of Firm A but believe that I may have been swindled out of a substantial amount of money over the course of the two years that I was employed by Firm A. What recourse do I have in possibly recovering any/all funds that may have been withheld from me?


Asked on 6/30/10, 9:52 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

Did Firm A pay you what you were promised? If so, you have no recourse. Firm A can contract with another company (Firm B in this case) to provide your services for an agreed-to price. Obviously, Firm A has to charge Firm B more than they are paying you, in order to cover their required contributions towards your benefits (e.g. Social Security and Medicare), their overhead and other operating expenses, and profit. It appears as if that was what was happening. However, if you did not receive all that Firm A promised you (not what Firm B paid them for your services), you should talk with an employment attorney regarding any rights you may have to recovery.

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Answered on 6/30/10, 1:06 pm


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