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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hi, I have used the services of an employment recruiting

Customer Question

Hi,

I have used the services of an employment recruiting company (CompanyA) to find available employment opportunities with other companies. The recruiting company found an available employment position at a company (CompanyB) and provided me with details for an interview with CompanyB. I interviewed with CompanyB two times but ultimately they informed me that they did not wish to hire me.

Six weeks has passed and CompanyB contacted me saying they would now like to hire me directly. However, CompanyB does not wish to pay CompanyA as they want to hire me directly, but are concerned there may be possible legal obligations to pay fees to CompanyA. CompanyB has informed me that have not signed any contracts with CompanyA. I have also not signed any contracts with CompanyA.

I have contacted the recruiting company via email and asked if I was under obligation to them. They responded: "There is no contractual agreement that you have to find work through us. You are more than welcome to continue your job search without our assistance."

Is there any legal reasons that CompanyB, or myself, will be required to pay any fees to CompanyA or will this break any laws if I am hired directly the CompanyB?

Thanks,
Robert Powers
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is Tina and my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

There is nothing in writing indicating that if "A" introduced you to "B", then you were obligated to pay a fee to "A" provided you were hired by "B"?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

I was not certain if there was an agreement. That is why I recently contacted "A" and asked if there was an agreement.


 


This is what I asked:


"I intend to begin searching for employment on my own and I want to confirm with you that I am under no contract to work with the Lassen Group to find employment? If I am obligated to use you guys, can you please email me a copy of the agreement, so I have it for my own records?"


 



CompanyA respose:


"There is no contractual agreement that you have to find work through us. You are more than welcome to continue your job search without our assistance. If we come across other opportunities that may be a fit we will still reach out to you, but there is no exclusivity. I hope this answers your question and feel free to call me if you have any others."


 

Expert:  Tina replied 3 years ago.
I see, Robert.

While the company's response does not directly answer your question, it appears that you do not have a contractual obligation to pay them if you are hired by Company "B". If the company usually pays a fee to the recruiter, it may have been an oversight by the recruiter not to have them sign a contract, but since there appears to be no contract between you and Company "A", there would be no obligation for you to pay them anything if you went to work for Company "B" typically.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Expert:  Tina replied 3 years ago.
Hello again Robert,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

I also wanted to make sure that you did not have any further follow-up questions for me with regard to the legal question I answered for you. If not, kindly provide a positive rating so I will be compensated for my time assisting you.
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina