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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Default Payment On Hold Over Notice Period Violation

    What is the name of your state? NY

    Hi We are a small IT consulting firm in NY.We had a contract with another IT consulting firm on corp to corp basis by placing employee of ours with their client with a notce period of 30 days.
    The project is for two months with possible extension.After two months my employee requested other firm for 20 days leave for marriage,but they told us they want to replace him instead of sanctioning leave for him.They emailed our employee not inform the same to their client and they will take care of it.Then they emnailed our employee how soon he wants leave and he emailed them "in 15 days".so they considered that as notice and they didn't pay for the entire two months including employee expenses citing it as violation of notice period (30 days).My employee's time sheets+expenses were signed by client and client already released payment for the same to them.
    As per contract they are supposed to realease first payment after 45 days of employment.
    Can we get our payment back?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Payment On Hold Over Notice Period Violation

    Did you have a written contract governing this relationship? What does it say about changing employees placed with the client?

    What exactly are you trying to get back? Wages that were paid to your employee?

  3. #3
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Payment On Hold Over Notice Period Violation

    Mr Knowitall,
    Thanks for your reply!
    We do have a contract signed by us with a notice period of 30 days.As per the contract they are suppose to release their first payment after 45 days which they didn't.They considered my employee's request for leave(marriage) as notice period and as a reason for non payment.
    I'm trying to get back my employees wages i.e signed time sheets by client+expenses paid by client(lodging,transportation etc) as I already paid the same for my employee.
    I don't understand why they want to replace him and why they want to consider the same period as notice period?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Payment On Hold Over Notice Period Violation

    I don't either, but I haven't seen the contract, and you didn't answer my questions about what the contract says about changing emplyees placed with the client. Consider having the contract reviewed by a lawyer. Even if it turns out that you can't get the money this time, you may be able to protect yourself by having a better contract for the next time you do something like this.

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