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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
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Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I hired an employee from a staffing agency and their fee was

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I hired an employee from a staffing agency and their fee was 20% of the annual salary ($70,000) totaling $14,000. The employee was not qualified for the job as represented the firm and quit at 60 days; during his 90 day probationary period. I was making payments to the staffing firm and have paid $12,000 of the $14,000 fee and now I'm being sued for the remaining $2000 + interest in small claims court. I feel that the service wasn't provided for what I paid as the employee only worked 2 months and I'm paying a percentage on an annual salary. Is the law in CA better that I argue the fee should be prorated or counter-sue for negligence for providing a faulty service to reclaim some of the money I overpaid?

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com!

LADYLAWYER :

You should counter-sue for breach of contract and ask that they prorate the salary for the time she was there.

LADYLAWYER :

You should also ask for any damages based on her quitting that you may have.

Customer:

It's small claims- I believe I max at $5k. However, I just want it done quickly. Should I list my damages and just ask for the $5000 to settle?

LADYLAWYER :

Yes, you should list the full amount. However, the max in CA is $7,500

Customer:

business

LADYLAWYER :

Okay, then yes, the full amount.

Customer:

thank you

LADYLAWYER :

You're very welcome! Based on what you have told me, the law seems to be on your side here.

LADYLAWYER :

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