Recruiter Breach of Contract. Small Claims Court? Recruiter Breach of Contract. Small Claims Court?
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  1. #1

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    Default Recruiter Breach of Contract. Small Claims Court?

    Advice please; Recruiter broke contract agreement start date resulting in three-week income loss. Reason came down admin delay recruiter/client side, nevertheless no fault of mine.

    Recruiter failed to amend anything, I resigned, started elsewhere, and threatened small claims court. Recruiter counter threatens with they are not liable attributed to my not taking action in first thirty days of the event and delays client side, will entitle them to delay contract start date, and they will financially punish should I take further action.

    Fact is both recruiter and end client botched my onboarding, and as always the candidate is the one to suffer the losses. Do I have a case to reclaim from small claims court?

  2. #2

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    No




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    Quote Originally Posted by Analyzer View Post
    Advice please; Recruiter broke contract agreement start date resulting in three-week income loss. Reason came down admin delay recruiter/client side, nevertheless no fault of mine.
    You can't lose something you didn't earn. They could have kept the date the same but told you not to come in as there isn't any work for you. Same outcome for you.
    Recruiter failed to amend anything, I resigned, started elsewhere, and threatened small claims court. Recruiter counter threatens with they are not liable attributed to my not taking action in first thirty days of the event and delays client side, will entitle them to delay contract start date, and they will financially punish should I take further action.

    Fact is both recruiter and end client botched my onboarding, and as always the candidate is the one to suffer the losses. Do I have a case to reclaim from small claims court?
    No.

    What is very key here is exactly when you signed the contract, what did it say, when did they tell you the start date wasn't achievable and so on. But either way no. You didn't work it so can't get paid for it so no loss.

    What you could do is check your IPSE+ Business interruption cover. The agency moving the dates MIGHT be covered by that.. but I have a feeling not. That's a delay, not a fundamental breach of contract. Worth checking though.
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    Contract start delays can and do happen. What evidence do you have of the financial loss? Did you turn down other work to take this role that was a dead cert to happen?

    If the contract started three weeks late, it could also end three weeks later than originally expected so there would be no loss but you chose to flounce and quit instead

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    Quote Originally Posted by GhostofTarbera View Post
    No
    Yes.
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    Quote Originally Posted by Analyzer View Post
    Advice please; Recruiter broke contract agreement start date resulting in three-week income loss. Reason came down admin delay recruiter/client side, nevertheless no fault of mine.

    Recruiter failed to amend anything, I resigned, started elsewhere, and threatened small claims court. Recruiter counter threatens with they are not liable attributed to my not taking action in first thirty days of the event and delays client side, will entitle them to delay contract start date, and they will financially punish should I take further action.

    Fact is both recruiter and end client botched my onboarding, and as always the candidate is the one to suffer the losses. Do I have a case to reclaim from small claims court?
    Quit contracting. Now.
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    Quote Originally Posted by NotAllThere View Post
    Yes.
    Maybe.
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    Quote Originally Posted by Lance View Post
    Quote Originally Posted by NotAllThere View Post
    Quote Originally Posted by GhostofTarbera View Post
    No
    Yes.
    Maybe.
    Time for a poll....?


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    Quote Originally Posted by greenlake View Post
    Time for a poll....?

    Where's the AndyW option?

    No poll is complete without one.
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  10. #10

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    I would go to court as Snowflake ltd should not be incurring any losses.

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