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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Misled on benefits for new job

Customer Question

Basically, amongst the benefits that I was promised before I was hired (and this is on the offer letter), was a 401(k) match. This reflects almost $5,000 in compensation for me yearly. When I got there I found out that it's only valid for certain employees and the parent company will not allow it for my employee class. As I stated before, this was on the offer letter as a benefit. It was acknowledged as a "mistake" by their HR people but the most they are willing to do about it is give me an after-tax bonus at the end of the year (no help for my 401k) and they won't put the exact amount in writing.
Because of this and other factors, it's no longer advantageous for me to be working for this company financially - they misled me as to my compensation. I'm considering leaving but I get my signing bonus once I've been there 30 days. I get this bonus through the recruiter that found me.
My question is can the recruiter come back after me? He gets the finders fee from the company and the only agreement that I had with him is that I'd stay there 30 days - nothing else, and even that's not in writing (it's vaguley in an email).I'm guessing the company might come back after him so I have to imagine he might try to get it from me.
As I stated before the company acknowledges that it screwed up but says they cannot do the match because of policy. This is not acceptable to me and I'd be better off financially at my old job.
Submitted: 11 years ago.
Category: Legal
Expert:  Nick Sparks replied 11 years ago.
You are in a strong position.

On this kind of issue, you can do whatever you want as
long as you don't break andy laws and don't break any
contracts. If a review of all contracts pertaining to your
employmet (with the company and the recruiter) contain no
promise to stay and no penalty for pulling out, then it is
hard to see how they could justify any opinion to the
contrary. Of course, they might try to bluff, in which case
you calmly ask them to provide documents for proof. You
documentation of the broken employment agreement
should trump anything they can produce, if it came to that,
which I can't envision.

If you found the recruiter through a web site, check the
rules of the site. If the recruiter came to you, the story is
different.

Your resignation letter should be brief and calm. "Because
of the change in benefits prtomised to me at the time of my
emplyment, I regret I must resign effective (date)."

I see no reason why you cannot present a conditional letter
of resignation, in which you request your benefits or regret
that you will have to leave. This is less clean, but it does
give them a chance to show whatever cards they may be
holding. You can send a copy of the letter to the recruiter,
with the documentation of the benefit offer and withdrawal.
He'll probably be glad to know they are playing games with
his clients.

Hope your next job works out better. Good luck.

Nick
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


I take it then a contract was not signed setting forth all benefits offered, as you state that they refuse to put this in writing....However, did you show the recruiter the offer letter from the employer? Did you sign a contract with the recruiter?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

Customer: replied 11 years ago.
MysticWave,

The benefits were included as part of the original offer letter, and it was mentioned again (in an e-mail) by their HR representative before I signed the offer letter.

The recruiter was not involved (he's an external recruiter) at all in the benefits process past salary, so he wasn't/isn't aware of the situation.

I have absolutely nothing in writing from the recruiter regarding the bonus that he'll be giving me (but I know he's giving it to me). I'm concerned that if I accept the bonus but then quit that he'll try to come after me to give it back - but my position is that this is between me and the company and if I choose to leave the company I've fulfilled my only (verbal) commitment to the recruiter - that I stay for the first 30 days.

-Dave
Expert:  The Mystic Wave replied 11 years ago.

 Greetings:


Thank you for responding and providing further information.


I understand your concerns - as I have experienced the same here in California, as other people. However, to make sure that there are no ramifications, it is your responsibility/obligation to find out from the recruiter as to the requirements concerning the bonus - what happens if you were to quit. Otherwise, it is quite possible that you can be held liable.


Actually, you may wish to discuss this in further detail with the recruiter concerning your disappointment in the company, how you were misled, certainly the recruiter would be interested to know - besides, do you not wish to stay on friendly terms so that they can help you locate a new position in the future? As well, if you were to leave, the company may not use the recruiter in the future, which may spoil business relations between the two. There are things to consider here. Of my experience, as long as one fulfills the proper terms and conditions, then whatever happens after that, is one's own prerogative...Therefore, you need something in writing from the recruiter, to protect yourself.


I trust I have understood your question and addressed your concerns, if not, please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

 

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