Should I sue or threaten legal action against a recruiter that promised to give me $1500 to accept a lower-paying position?

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Should I sue or threaten legal action against a recruiter that promised to give me $1500 to accept a lower-paying position?

I was recruited for a position which would result in a $4000 paycut. I accepted only after the recruiter promised to give me $1500 from his fee, so I could make up at least part of the difference until receiving a raise and a bonus. I did get a raise and bonus but it hasn’t made up the difference which is fine. However, the recruiter paid me $750 and now won’t answer calls or emails for the remainder. I’d let it go, if it weren’t for the principle.

Asked on May 15, 2012 under Bankruptcy Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was an agreement between you and the recruiter that he/she would pay you some sum of money for taking the job, that agreement should be enforceable. (It might violate the recruiter's agreement with the hiring company, so the hirer might have a cause of action against the recruiter, but that does not affect you directly.)

However, issues to bear in mind:

1) If the agreement was oral, it can be very difficult to prove what the agreement was for.

2) If it comes out (e.g. during litigation) that you had this agreement with the recruiter, since it almost certainly is against the policy of the company which hired you, you may well be terminated from your job.


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