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Sure, maybe the recruiter/company messed up on the contract side of things...but at the end of the day the recruiter found a candidate that the company likes an

Sure, maybe the recruiter/company messed up on the contract side of things...but at the end of the day the recruiter found a candidate that the company likes and the company isn't willing to compensate the recruiter for his efforts. Let's look at a similar but slightly different scenario - If there was an issue with your contract and the company realized they didn't have to pay you...you can guess what decision they're probably making. Sure, while this might not be illegal (and you wouldn't be at any fault either way), I definitely wouldn't want to work at a company that operates this way. Also, not to mention - the recruiter will probably find out you got the job, when you update your LinkedIn, you post something online, etc...

Crosseye_Jack 9y ago
> If there was an issue with your contract and the company realized they didn't have to pay you...you can guess what decision they're probably making. Issue I’m seeing there is the matter of “Consideration“. If only one party offers consideration, the agreement is not legally a binding contract. So if they decided to not pay you because of an “issue” you could argue you are not getting your consideration so the contract is null and void including the part that says all my work done under this contract is owned by the company. Which could then lead to the company using your work without a licence. And could cause all sorts of legal headaches. But I’m not a lawyer.
- otterley 9y ago
  Definitely not a lawyer. (IAAL but not providing legal advice.) There's a lot to unpack here: * There's no license involved. Typically, an employee's work product is the property of the employer; it's not property of the employee licensed to the employer. * Consideration can take many forms, not just cash payment. Health benefits in the US are consideration. A starting bonus is consideration. Even being allowed to view trade secrets can constitute consideration. Consideration is anything that a contracting party wasn't legally obligated to provide to the other party in the absence of a contract that has some value. Absence of consideration is extremely unlikely to be an issue here.

Crosseye_Jack 9y ago

> If there was an issue with your contract and the company realized they didn't have to pay you...you can guess what decision they're probably making. Issue I’m seeing there is the matter of “Consideration“. If only one party offers consideration, the agreement is not legally a binding contract. So if they decided to not pay you because of an “issue” you could argue you are not getting your consideration so the contract is null and void including the part that says all my work done under this contract is owned by the company. Which could then lead to the company using your work without a licence. And could cause all sorts of legal headaches. But I’m not a lawyer.

otterley 9y ago
Definitely not a lawyer. (IAAL but not providing legal advice.) There's a lot to unpack here: * There's no license involved. Typically, an employee's work product is the property of the employer; it's not property of the employee licensed to the employer. * Consideration can take many forms, not just cash payment. Health benefits in the US are consideration. A starting bonus is consideration. Even being allowed to view trade secrets can constitute consideration. Consideration is anything that a contracting party wasn't legally obligated to provide to the other party in the absence of a contract that has some value. Absence of consideration is extremely unlikely to be an issue here.