Legal Question in Business Law in New York

Fee due to Executive Search firm at start of employment

1. Defendant is located in Canada. Defendant has agreed that the NY laws and courts will dominate in any dispute

2. Plantiff is in NY is an executive search firm.

Plaintiff in reponse to request from defendant referred a candidate to defendant - candidate offered and accepted an offer of employment. Plaintiff invoiced defendant for services.

3. After 30days defendant terminates employment of candidate and fails to pay employee for services. Offer letter states salary will be paid bi monthly (2xmonth).

4. Plaintiff demands payment for services rendered base upon start salary offer of 100,000 @ 20%. Defendant refuses to pay stating they paid the employee NIL therefore search firm is entiltled to NIL


Asked on 11/08/02, 5:33 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Fee due to Executive Search firm at start of employment

It appears they have submitted to Ny jurisdiction. Retain a good collections attorney and sue in NY. Service can be effected, possibly by mail, but personal service may not be difficult. Judgment obtained in NY should be recordable and executable in Canada, although anticipate a jurisdictional contest.

Read more
Answered on 11/09/02, 11:42 am
Michael Paradise Law Offices of Michael S. Paradise

Re: Fee due to Executive Search firm at start of employment

Sounds like a good case for you. There are obvious hurdles like making sure they agreed to jurisdiction in New York. How will you serve them process? If you get a judgment, what will it take to enforce it in Canada? The contract is very important and without reviewing it, all of the above comments are simply comments, not legal advice. As a tactical point, you should put severe pressure on them prior to filing suit by bombarding them with demands.

Unfortunately, the damages seem to be minimal so to fully litigate would not make economic sense. It may be worth a demand letter and draft complaint.

If you have any interest in discussing this further, please call.

Good luck.

Read more
Answered on 11/08/02, 5:41 pm


Related Questions & Answers

More Business Law questions and answers in New York