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I placed a revenue generating candidate with an international franchise company. Initially I based the fee on her previous years compensation, but to help them out, I required a deposit then payments based on her income with them to be reviewed after the first quarter, then monthly for a year. She started on the 22nd of this month. The deposit was due upon receipt. I gave them an additional 10 days to pay and they still haven't paid.

The salon was not generating any income for 6 months. She produced over her quota within the first week! I don't want to fight them for months to get my money. I spent 2 months on this search.

Can I just file a cease & desist so she can't continue to work for them or what is the process to make this happen?

closed as off-topic by Wesley Long, gnat, paparazzo, IDrinkandIKnowThings, mxyzplk Oct 8 '18 at 22:39

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    This is entirely dependent on your agency's policies, and from there it gets into legal territory. You need someone with a bar card in your jurisdiction, not "Internet Advice™." – Wesley Long Oct 8 '18 at 14:10
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    22nd of last month, you mean? It's only the 8th of October. Also, per Wesley's comment, you may want to consider asking this on law.stackexchange.com provided you can give specific details about the type of company you are dealing with and the country/state/province you are working in. – TylerH Oct 8 '18 at 14:29
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    I think you need to contact the customer and find out what the story is, then review your contract and finally seek advice from a real lawyer. – user1666620 Oct 8 '18 at 14:33
  • if she is that good, and the company isn't paying you, then i suggest just finding a company that will pay, and getting her a better offer there. otherwise, no, your problem is with the contract signed and agreed upon, and you should sue the company fo rthat. – bharal Oct 8 '18 at 14:41
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    "I would rather end her employment" - If you think it's going to take too much time to collect on a legally enforcable debt, I would suggest it may be a much more time consuming and legally difficult process to try to have somebody terminated (and which may end up with you being sued for lost income). – Bilkokuya Oct 8 '18 at 15:27
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No, but you can probably claim damages. You should speak to a lawyer about this.

It's not that you try to deprive a resource from the business, you're also trying to deprive the worker from their income. I'm not a lawyer, but I'd be surprised if you can do that, not the least because the Worker did not actually violate their contract with you.

You have, presumably signed an Agreement or Contract with both parties, and your beef is with the business. Any late payment penalties should be provisioned in that contract (that's why we have them). If none are provisioned, you should speak to a lawyer who will write a mean letter, and can then escalate to small claims or whatever.

  • Small world / great minds? – ItWasLikeThatWhenIGotHere Oct 8 '18 at 14:46
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    @ItWasLikeThatWhenIGotHere Your name sounds like something out of the Culture universe so I hope the latter :) – rath Oct 8 '18 at 14:48
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    Good catch. Maybe I should have said "Minds" [uppercase].... – ItWasLikeThatWhenIGotHere Oct 8 '18 at 14:50
  • Just want to add that the business had not been generating any revenue for six months. My candidate is generating all of the revenue, including her own paycheck. – Lora Oct 8 '18 at 16:40
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Does your contract with the candidate specifically allow this?

If not, you could end up being the plaintiff in a case with the employer and the defendant in a case with the candidate at the same time. It looks like your problem is with the employer - drawing the candidate into this dispute by restricting their ability to work sounds like something that's best avoided.

And, yes, ask a lawyer familiar with contracts in your jurisdiction - the candidate might look like they're your product, but they're a person (and possibly a person with their own lawyer...).

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