ms2k Career Management - Breach of Contract

My name is Anonymous Rex an alias. I am using an alias because, as a Consultant, outing a former client for Fraud online isn't the best public relations or referral for future business.  I can assure you that everything written below is factual, truthful and documented.

I was hired as an Outside Consultant, aka Independent Contractor, by Moumouni Sere aka Mouni Sere CEO and Founder of ms2k Career Management a Recruitment and Staffing Company for the Hospitality and Health Care Industries located in Queens, NY.  The company, founded and incorporated in March 2006, recruits and places candidates through the H2B and J-1 Visa programs.

Mr Sere is a one man operation working from his home. He hired me to work from my home with the intention of helping him grow the business to the point where additional staff would be hired and outside office space would be secured.

My hiring was done online and over the phone as Mr Sere had responded to a Situation Wanted ad I had posted online.

A 30 day contact was mutually signed, copies faxed back and forth, calling for me to earn "X" dollars per hour for a documented 35 hours per week of work.  Payment to be made by check twice a month commencing Wednesday of the Third week and every two weeks thereafter.

When Wednesday of  the Third week arrived the scheduled payment was not forthcoming. However, Mr Sere agreed to meet me that Saturday, in person, to give me my check, midpoint between our residences. This was the first and only time I've had any personal contact with him.  The company check I received was for less than 10% of my first two weeks earnings not the full two weeks earnings he was legally obligated to pay.

Mr Sere promised that by week Five, two weeks later, the company would have the funds to pay me my back earnings for weeks one and two plus pay me my current earnings for weeks three and four as certain Accounts Receiveable would be forthcoming. Those funds would be used to pay me.

At the end of the workday on Friday of week Four, 6 days after meeting Mr Sere in person and after 5 additional days of work, I reminded Mr Sere that he would have to pay me four weeks earnings that following Wednesday.  He claimed the company had no money to pay me.  He claimed that certain Accounts Receiveable had not been received.  He said he couldn't pay me as contractually agreed on the next Wednesday or even knew when he would be able to pay me after that date. He said he'd have updated news about paying me over the weekend and that he'd call me to discuss the matter by Sunday night.

No weekend call to me was ever made.  On Monday morning of Week Five I told him verbally over the phone and reconfirmed the conversation via e-mail that I was resigning retroactive to the previous Friday and that I expected the balance of my four weeks earnings by 1 pm on that Wednesday.  I told him he had Breached the Contract by not paying me as agreed.

Mr Sere told me he couldn't pay me and then claimed payment was conditional on certain company objectives having been met.  When I pointed out that the Employment Contract clearly states, “ payment is 'X' dollars per hour for a 35 hour week” with no conditions attached he got silent and then hung up the phone.

It is obvious that Mr Sere has no intention of honoring a Written Contract.  It is obvious that Mr Sere has no intention of ever paying me for the 140 hours worth of services rendered during the four weeks I worked with him.

ms2kCareer Management has been in business for more than 5 years. Am I to believe that the company contractually hired me knowing that it had no money to meet Payroll? Am I to believe that the company contractually hired me knowing that 3 weeks after hiring when my first paycheck was due there would be no money? Am I to believe that the company contractually hired me knowing that 5 weeks after hiring when my second paycheck was due there would be no money? Am I to believe that the company has no lines of credit or cash reserves to meet debt obligations or Payroll?

<>I believe that Mr Sere knowingly hired me with the intent of not paying me in full.  I believe Mr Sere is deliberately and systematically funneling money out of his company for persoanl use and/or into his personal or family bank account so that he can "legitimately" claim that his company has no money to pay me.

Makes you wonder who else he has stiffed in the past and who else he will stiff in the future!
If you're seeking employment with him BEWARE!

If you're paying him upfront for any services to be rendered BEWARE!