Beware of Kelly Services

[trularin]

Should you have dealings with Kelly services, beware. They basically do not deal in good faith and alter their deals after the fact.

I hope this helps someone avoid this unfortunate experience.

[trularin]

Should you have dealings with Kelly services, beware. They basically do not deal in good faith and alter their deals after the fact.

I hope this helps someone avoid this unfortunate experience.

I hope the Cobra community spreads the word.

[blykins]

You mean the temp agency?

What happened Tru? Were you not an ideal "Kelly Girl"? LOL

[VRM]

The staffing people? Or is this some engine builder?

What happened?

Steve

[trularin]

It is the staffing people.

They negotiated a price per hour and then after the contract got extended, they cut the rate...by a sizable amount.

When asked, the story changes and the deal changes.

Bascially when I ask a question now, I have no idea the people answering me are telling me the truth.

I have contracted several times in the past, this is by far the worse. I never had someone negotiate at rate A and then into the project just decide to reduce the amount to rate B.

I am trying to spread the word and let as many people as possible know they are dishonest.

[trularin]

I guess not.

They offered me the area going rate for senior engineers and then into the program they cut the rate.

They blew smoke up my skirt and expected me to believe it was a fart.

I am just trying to spread the word that they guys are dishonest.

[RedBarchetta]

Oops! Wrong "Kelly"...


Sorry to hear they wronged you. Didn't you sign an agreement at the former rate? Anyone considered a contract worker ought to have a "contract." Please share with us more.

-Dean

[Wes Tausend]

...

Tru,

I take it you hired them and they cut their cost to you?? Well that shouldn't be a problem.

Or, more likely, you contracted to do work for them and they cut the compensation paid to you?

Spend $50 to put a lien against one or both companies. Or take them to small claims court. Smile. Be nice about it as you explain you don't really want to do this. Accept their offer.

Otherwise, get your combat outfit on. Don't forget the ammo belts etc.

Wes

...

[trularin]

I think I posted it on the other thread I started. So, yes Red, there is a contract. There is a little clause in it that says Kelly can change whatever they want ( basically ).

When I was signing it, I asked what the point of having the contract was if they can change it at will. They gave me some song and dance saying it was their standard paperwork.

It got down to sign the all the papers the way they were or do not take the job. Hey, the pay was good going in.

I have never had something like this happen to me before.

I was totally surprised by this.

[trularin]

Thanks Wes, I need some cheer.

You got it, I contracted to do work and they cut the compensation.

I hadn't thought of the lien thingy. How does that work against a company? I'm not sure I have ever heard of it either.

[Wayne Maybury]

Did you not have their offer in writing?

Wayne

[RedBarchetta]

Sounds like to me the "spirit" of your original agreement was violated/broken. You sought employment and they sought expertise in filling the void that one of their clients needed. Both parties agreed on a set value for the labor (including the "bill rate" to the end client, which you probably don't know). Ideally the contract would also stipulate terms of service (duration, etc.), as well as how notification for changes would/should be conducted.

Personally, I'd float this at a labor attorney to determine if you have any recourse. Just read the fine print first and determine what exactly you agreed to. Even still, sounds like they are pulling a bait and switch without proper diligence.

Revenue in 2008 was $5.5 billion. They are publicly traded on the NASDAQ.

Kelly Corporate Headquarters
999 West Big Beaver Road
Troy, Michigan (USA) 48084-4782
248-362-4444



-Dean

[VRM]

Tru,
I am currently contracting right now as well. You probably have the initial paperwork that shows the hourly rate for the work. I would check through that paperwork to see if there is anything that looks like they can change the rate whenever they want. If you do not have something that says that then I would think that any change would be a new contract.
They may decide to cancel your contract rather than be forced to pay the old rate.

You may also want to find out if Kelly or the company you are at is the one that reduced the rate. If you are on good terms with the people at the company you are contracting to you might be able to find out from them.

I'm not the praying type, but you have my hopes for a good resolution to this.

Steve

[WarrenG]

Originally Posted by trularin

I think I posted it on the other thread I started. So, yes Red, there is a contract. There is a little clause in it that says Kelly can change whatever they want ( basically ).

When I was signing it, I asked what the point of having the contract was if they can change it at will. They gave me some song and dance saying it was their standard paperwork.

The point is, that once they have you on contract the one thing they won't change is that whoever they place you with cannot hire you direct without paying a big finder's fee. Also, in most of those contracts you can't go direct until you've been at the job for at least 6 months or an even bigger finder's fee is required!

[patrickt]

Originally Posted by trularin

They offered me the area going rate for senior engineers and then into the program they cut the rate.

They blew smoke up my skirt and expected me to believe it was a fart.

But if they passed a portion of the savings on to me that they made off of screwing you (because I'm the contracting client) then not only do I get the benefit of your high quality engineering services but I actually save money as a result of their behavior. I could even commiserate with you while I'm secretly laughing up my sleeve. Right?

[Wes Tausend]

Originally Posted by trularin

Thanks Wes, I need some cheer.

You're more than welcome.

Originally Posted by trularin

You got it, I contracted to do work and they cut the compensation.

I hadn't thought of the lien thingy. How does that work against a company? I'm not sure I have ever heard of it either.

If I performed contracted construction work on a building, and was not fully paid, I could, and did, occasionally put a "Mechanics Lien" against the title. The structure could not be sold until this was addressed. I'm thinking that you may have some type of similar recourse on the "resale" of your work. Often there is little, or no initial lawyers fee to briefly inquire.

Other wise, a simple Small Claims judgement might be obtainable, done very similar to "Court TV" shows. A small filing fee at the courthouse and the courtday is set. Whoever is being "sued" basically needs to appear in their own defense or risk automatic judgement.

It wouldn't hurt to be familiar with these procedures even if this never goes any further. It is really has become part of modern overall income strategy, the back-up part.

If all this doesn't work, trade similar work favors with two buddies to also dress in camo. Have them stand guard on either side of the CEO's door at Parade Rest, while you re-negotiate.

Arrive: Hut ,one, two, three ...Hut, one, two, three. Paaraade ....Rest!

Snap them to Attention (Atten ...HUT!) whenever the Kelly guy says anything not in your best interest. If it goes well, have everyone briskly salute him when leaving. By then he might salute back, purely out of relief that it's over.

Cheers,
Wes

...

[Jamo]

Tru

When you say you "contracted" with them, do you mean as an independent contractor.

Obviously, the contract prevails...what does your contract say?

[Jamo]

Originally Posted by trularin

I think I posted it on the other thread I started. So, yes Red, there is a contract. There is a little clause in it that says Kelly can change whatever they want ( basically ).

When I was signing it, I asked what the point of having the contract was if they can change it at will. They gave me some song and dance saying it was their standard paperwork.

It got down to sign the all the papers the way they were or do not take the job. Hey, the pay was good going in.

I have never had something like this happen to me before.

I was totally surprised by this.

I asked the question in my previous post before I found another thread started by you on the same subject in All Cobra Talk, which I now merged into the Lounge thread. I'm pretty sure you understand why posting threads in several locations is not something favored by those of us who have to manage this place, so we'll leave it at that.

You received advice about filing liens or conjuring up "spirits" of the contract...and to seek advice of a labor attorney. Well, as to the last bit of advice, no need to pay for it. I quoted this post by you since it answers the question.

The parol evidence rule prevents the introduction of extrinsic evidence which conflicts with the precise terms of any contract. Exceptions are made if a term is vague or ambiguous. Here, you seem to argue that assurances were given to you about the rate, and later that the provision allowing them to change the rate would not be used.

Now, you say the provision "basically" says they can change the rate whenever they want. Are there triggers or any conditions that must occur before they can change it, or is it as you say..."whenever they want?" If so, what is the precise language?

If the latter, you say you saw it, you asked them about it, and regardless of whatever they said...you signed it.

Really unfortunate, but it is what it is.

[BMK]

Jamo

Hi mate I have his address for your account...

Tru,

Hope it sorts out ok for you.

Bernie

[Wes Tausend]

...

The additional inserted posts were very confusing ...at first.
Thanks for explaining, Jamo.
Suddenly, I'm a big fan of one thread per topic.
Atten' ...hut!
AT ...hease.

Wes

...