Headhunter took my check

**Tunafish** · May 10th, 2011, 02:28 PM

Recently went through a headhunter to get a job. I worked one hitch (28 days) working 8 hours on 8 hour off watches on an inland tug. At the end of the hitch the hr guy told me "sorry we are not going to have you back". When I asked why he said "we don't need to have a reason". So basically what has happened is they sent me one check for 1100 dollars and the head hunter is keeping the other 2/3rds of my check. so basically I worked every day for a month for around 3$ an hour. I know there are laws against headhunters do I have any recourse here? I know I signed a contract does that mean the laws don't apply? It's not right that I'm out on a boat working 12 hours a day away from my family and he is just going to take my check.

**skycowboy** · May 10th, 2011, 03:11 PM

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(b) A person demanding or receiving from a seaman or an
individual seeking employment as a seaman, remuneration for
providing the seaman or individual with employment, is liable to
the Government for a civil penalty of not more than $5,000.

Sec. 10505. Advances

(a)(1) A person may not -
(A) pay a seaman wages in advance of the time when the seaman
has earned the wages;
(B) pay advance wages of the seaman to another person; or
(C) make to another person an order, note, or other evidence of
indebtedness of the wages, or pay another person, for the
engagement of seamen when payment is deducted or to be deducted
from the seaman's wage.
(2) A person violating this subsection is liable to the United
States Government for a civil penalty of not more than $5,000. A
payment made in violation of this subsection does not relieve the
vessel or the master from the duty to pay all wages after they have
been earned.
(b) A person demanding or receiving from a seaman or an
individual seeking employment as a seaman, remuneration for
providing the seaman or individual with employment, is liable to
the Government for a civil penalty of not more than $5,000.
(c) The owner, charterer, managing operator, agent, or master of
a vessel seeking clearance from a port of the United States shall
present the agreement required by section 10502 of this title at
the office of clearance. Clearance may be granted to a vessel only
if this section has been complied with.
(d) This section does not apply to a fishing or whaling vessel or
a yacht.

**Tunafish** · May 10th, 2011, 03:30 PM

Thank you very much for your reply. Who enforces that law?

**kfj** · May 10th, 2011, 03:30 PM

Which one wanted 2/3rds of your check and what tug company

**Tunafish** · May 10th, 2011, 03:40 PM

it's just not right

**Tunafish** · May 10th, 2011, 03:53 PM

It was supposed to be paid out over the course of 4 hitches instead of that they took it all at once because they let me go without a reason. I've worked on boats for 2 years and never been fired from a company. I really think they do it so they can make 4 times as much money. Why wait 4 hitches to collect a fee when you can go through 4 mariners in 4 hitches and get 4 fees? I guess I'm in the wrong buisness trying to earn an honest paycheck I should have been a pirate........

**anchorman** · May 10th, 2011, 04:47 PM

Tunafish,
Just a few things. First, never pay for a job. That's like swimming the river to get the canoe on the other side in order to cross the same river. You can do it yourself with a little effort. Here is a good place for that type of guidance - when it comes to finding a job at a boat company.
As far as the headhunter, they will always get the fee. The contract is structured around total payment of the fee and the service provided. If you quit, that is one thing. Headhunter's will certainly keep the last check to cover the fee, but if you got laid off for no apparent reason, that is something else entirely. I my eyes, the headhunter still owes you that job, the one you paid for. The best course of action is to write a notarized letter to the headhunter requesting the job you paid for (since you are not employed), send the letter return receipt requested (for proof of them receiving it), put the code from the receipt on the letterhead before sealing the envelope, send, then give them 30days. Then make a complaint to small claims for whatever the maximum is in your state. Have the contract, the notarized letter copy, proof of it being delivered, and even take the excerpt from the US code posted above. A lawyer is pointless, not worth the money for what was lost, but the maximum small claims may be up to $3000.00 - $5000.00....covering the fee and lost wages if the headhunter doesn't come through. Show all of that to the judge. Unfortunately, you are still tied to that contract, but so is the headhunter. Make a good faith effort on allowing the headhunter to keep his end of the contract, then slam his ass if he doesn't. These guys make their living on the fact that 99% of the people that get screwed will not take it this far. Do it.... That is exactly what I would do without spending too much money.

**Tunafish** · May 10th, 2011, 04:55 PM

Anchorman, thank you for your reply. My uncle is a lawyer and wants to represent me free of charge

**Tunafish** · May 10th, 2011, 04:59 PM

I really appreciate the advice and I am going to follow through with it. I will let you know what happens.

**KennyW1983** · May 10th, 2011, 06:06 PM

Thats a raw deal, good luck!

**Third Coast** · May 10th, 2011, 07:48 PM

2011 version of being shanghaid.

**captjoe** · May 11th, 2011, 05:19 AM

Who was the headhunter?

**Capt. Phoenix** · May 11th, 2011, 06:45 PM

Yeah, who was it? The community needs to know who NOT to use...

**stevefoster** · May 11th, 2011, 09:28 PM

Originally Posted by Capt. Schmitt

Yeah, who was it? The community needs to know who NOT to use...

Here is who to go with if you don't want to pay for a job: Oceanwide Texas,inc. (281) 987-9600 Marylou Hurtado and C-Mar (281) 556-1115 Marcie Viator who is in the Lafayette office. They are paid by the client not by the seaman and they keep me busy. For you DPers call Oceanwide now because I just turned down a DP job on the Chickasaw paying $700.00/day. I turned it down this afternoon and they need someone by Sunday.

**dougpine** · May 11th, 2011, 09:57 PM

Who was it?

**Mikey** · May 12th, 2011, 11:13 AM

This really pisses me off. Oust the mother F%&#er!

**james757** · May 13th, 2011, 09:33 PM

wow I was afraid of taking a job today for these same reasons

**chemcarrier** · May 14th, 2011, 02:41 AM

I guess we will never know who it was. It really does not matter there will always be a few of the scavengers around to prey on the unknowing.

**OICUR12** · May 14th, 2011, 04:45 AM

guess he needs to do a search on here for headhunters next time. Lots of interesting reading. two sides to every story. headhunter has contract. good as gold in a local court of law. been there done that.

chalk it up as another hard lesson learned in the school of hard knocks. Tuition Paid in Full

**skycowboy** · May 14th, 2011, 05:42 AM

A contract in violation of the law is not a valid contract.

46 USC Section 10505
(b) A person demanding or receiving from a seaman or an
individual seeking employment as a seaman, remuneration for
providing the seaman or individual with employment, is liable to
the Government for a civil penalty of not more than $5,000.

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