Legal Question in Employment Law in New York
Recruiter Bonus not Paid
To obtain my current my current position I went through a recruiter or ''head hunter''. Acceptance of the position included a promise from the recruiter (not my employer) to pay a $5000 bonus once I had been employed for 90 days. To date it has been well over 90 days and the recruiter will not return my calls or emails. I have email communication and an unsigned letter on company letter head promising me the funds. The recruiter is located in New York and my job is in Michigan. Do I have a case? What are my options?
2 Answers from Attorneys
Re: Recruiter Bonus not Paid
First, it is unusual for the head hunter to pay a signing bonus. Usually they get paid by the employer when they sign you. Did he offer you a piece of his commission?
If so, to be enforceable, it needs to be in writing
because the statute of of frauds bars oral monetary
agreements over $500.00.
The good news is that any writing tending to reflect the promise might be enough in small claims court.
Do you have any emails? Correspondence etc?
Re: Recruiter Bonus not Paid
It may be enforceable but jurisdiction would probably be in NY requiring any lawsuit to be filed in NY.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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