Do you consider a confirmation of work assignment a binding - or ¬†dynamic - document? And if a mistake is made with it, who owns it?
An acquaintance of mine who has been in the market for an IT job for some time recently signed on with a contract staffing agency for a project manager position.
He says the agency hinted to him the hiring company actually views it as a "test drive," and that it might turn into something permanent.
They agreed on a rate, both verbally and in writing, that was well below what his previous position paid. But he said he was glad to simply be "back in the game."
However, just before he was supposed to start, he¬†got a call from the agency stating there was a mistake on the hiring company's end, and that his actual pay would instead be $10/hr less than what he says was already a rock bottom rate they agreed to earlier.
There was a mistake on the hiring company's end, and his actual pay would instead be $10/hr less than what he says was already a rock bottom rate they agreed to earlier.
The recruiter he says is the one who called and told him about the supposed "oversight." I haven't seen a copy of his work assignment or general staffing agreement or whatever the document in question is, but he¬†says it does include the time frames he is to work, the pay rate, the hiring client, etc.
He did also specifically say there is one section that states the document is to confirm details of employment and that "it is not an employment contract"¬†(exact wording he says).
However, both he and the staffing agency rep had to sign it. Does that make it a legally binding document or employment contract?
Both he and the staffing agency rep had to sign it. Does that make it a legally binding document or employment contract?
Of course, even if it is, enforcing it is another matter. Keep in mind, he's not wanting to sue, or get relief, he just wants to go to work at the previously agreed to rate.
Obviously if he knew the mistake or oversight was neither, but actually an intentional bait-and-switch on the part of the staffing agency, there would be no question he would walk away.
He was counting on the money coming in though, so he is giving himself a day or two to think about it.
Anyone can make a mistake, but this is a pretty big one. Do you even buy the argument it's a simple mistake? Do you take it up with the hiring company? Who is on the hook for this one? If a mistake is made with the pay rate, might more mistakes be made with his paychecks? Should he be skeptical of this scenario?