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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33369
Experience:  Retired (mostly)
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I had a contacted consultant Mr J who initially said he will

Customer Question

I had a contacted consultant Mr J who initially said he will represent his own company and signed corp-corp paper with my company and on the date of joinning said his company is not ready and wants to be employee so I did not hire and referred to my customer who happen to be main vendor (V Inc) of deloitte consulting, V Inc signed employment agreement with Mr J the consultant.

During the process he asked for $1000 advance and on good faith gave from my personal a/c to him. After 7 days of him joinning as employee for V Inc he was terminated and V Inc asked me to give me more money for unnecessary even though i am not responsible for Mr J Payroll still on good faith gave another $600 to V Inc so that V Inc can run Payroll. Even though MR J signed employee agreement with Company V Inc a main vendor of Deloitte they are going to be running his salary which I have no control or authority, unnecessary MR J the consultant is trying to involve /treatent me even after paying and trying to annoy me. What should I do, since I do not have any agreement with MR J nor any Timesheet of MR J and given $1000 to him as advance and $600 to V Inc. Should I even bother or go to small court against Mr J or go to Labor deparment for bothering me.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

The money you advanced could be characterized as an advance against wages. However, since the employee never worked for you, you could demand reimbursement. The only way you can force the employee to pay is to sue in small claims court. TheU.S. Department of Labor, and the California Labor Commissioner do not enforce employer claims -- only employee claims are enforceable.

So, small claims is your only recourse. For info on filing a small claims case, see this link.

Please let me know if I can clarify anything or assist you further. Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33369
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

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