Confused about Legal Action

I had signed a contract with a company which would help me to prepare for interview and resume. The contract was for 3 month. I had to pay 5% as as his fee If i get a job in that time period. The disclaimer said that 1st interview should be in this 3 months. I applied for a job before signing the contract. I had my first telephonic interview before the start of contract. I can't prove this telephonic Interview. I had second face to face interview during contract period. He is now saying that he will take a legal action if i dont pay. How can I save myself from legal action

Comments

  • -1

    I had signed a contract

    This is it. You can't. Already signed. The rest doesn't matter.

    He is now saying that he will take a legal action if i dont pay.

    Of course, good on him. I would too if I were him.

    • But I was not part of the contract when I had first telephonic Interview.

      • +3

        I had to pay 5% as as his fee If i get a job in that time period.

        How is this worded in your contract? From what you wrote, you have to pay 5% whether he got you the job or you got it yourself. How does he know if you got the job? Just tell him you have no job/lose the job.

      • He could say he help you to "prepare for interview" for the second face to face interview during contract period.

      • +5

        These comments are why you shouldn't trust any comment in this thread. Go get proper legal advice - there are many free services you can reach out to. Try out naclc.org.au.

  • +10

    Someone helped you prepare for an interview. The fee is 5% if you land a job. You got an interview and landed a job. You don't want to pay the 5%.

    You are stealing and he has every right to be pursuing legal action.

  • Did he assist you in preparing for the interview?
    If so, i would have happily paid his fee if i got the job.

  • Without naming the company, is this a Private Employment Company or someone that just produces Letters of Application, C.V. and helps you practice interview technique.

    The reason I ask is that Private Employment Companies or Agencies are usually prohibited from charging a fee to job applicants, as they receive their fees from clients.

  • You mention a disclaimer that "The first interview should be in this three months" you will first need to confirm with the service that this means that if you have the first interview prior to the three months you don't have to pay. Once you have clarified that just get your new company to write a letter confirming the date of your first interview if the fee is worth the effort.

    The disclaimer mentioned may not be as simple as you think. It could also be stating that in addition to having to pay if a job is found within the 3 months you will also have to pay if you get a job following the three months if the first interview was within the 3 month period.

  • +3

    How do you save yourself from legal action - pay him. Money solves problems like these like nothing else.

  • Even though you may have had your first telephone interview prior to signing the contract, your face to face interview was within the contract period.

    Does the agency's job end once they land you an interview? From what you have said, it seems that they also help you prepare for interviews. That is, their coaching could've helped you secure the job at the second face to face interview. Without their coaching, how do you know for sure that you would've secured that job?

    You've signed the contract, utilised their services and now I think it's just fair that you should pay them according to what was previously agreed.

    How much are we talking about here?

    • it is 5000 aud. My point is that I didnt used resume which was prepared by him. He did help me in second interview But I made it to second round after clearing 1st round. 1st round was on my own.

      • +8

        He did help me in second interview…

        Just from what you've said here, I honestly think you should pay the agency accordingly. His preparation helped you in your second interview.

        Had you been offered the job after the initial telephone interview (and before signing the agency contract) and the face-to-face followup was just a meet-and-greet type thing (and not an actual interview), then you might have a case for non-payment. But this wasn't the case.

        $5000 isn't a small amount, but I think you should actually celebrate getting a $100k job rather than focusing on what you had to do to get there.

        PS: I would never sign up with an agency that charges me personally. These types of contracts are too all-encompassing and too restrictive. All the ones I sign up to receive commission from the company that eventually employs me - even then, I'm very careful because it could lock me out of jobs advertised by other agencies.

      • +4

        He did help me in second interview

        So services rendered, please pay the man

  • -1

    Should be tax deductible in any event.

  • +2

    $5k for a CV and some interview techniques?

    If you knew you were chasing $100k jobs why did you sign up for this?

  • I had signed a contract with a company which would help me to prepare for interview and resume.

    Did they provide that service for you?

    I had second face to face interview during contract period

    So you used the 'training' you got during the 2nd interview and got the job

    I had to pay 5% as as his fee If i get a job in that time period

    Then pay up my friend, you got yourself a $100k job with their help. So pay up

  • +1

    So the job has a 6-figure salary, another humblebrag post?

    The title should read "Scored a job with six figure salary, how do I get it of paying coach who got me job?".

    To avoid legal action? Pay up as specified in your contract.

    What to do when someone threatens legal action? Ask Ozbargainers!

  • Ask for your annual salary in advance and let them try and sue you, just hire the best lawyer in town and spend your salary in litigation. Simples.

  • You obviously benefitted from the trainers preparations and got the job.
    Stop complaining and pay the man his fee.

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