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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1485
Experience:  BCom; LLB; Masters in Law
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I got a job offer via a recruitment agency that I accepted.

Customer Question

I got a job offer via a recruitment agency that I accepted. With the employment contract of their client they sent a contract saying they may sue me for damages if I retract acceptance. I signed the document. However before starting (2 weeks) I was made a better offer by another company. I let the recruiter know that I want to retract my acceptance and they sent me a letter of demand to pay damages for loss of income, time and costs spent getting me the position and for damaging their reputation with the client.
They demanded payment with in 7 days or will institute case against me with lawyers fees and interest. Are they allowed to do this?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.
Hi there, Wow, it really comes down to this. Did you enter into a contract with the first company, and if so, did you break the contract with that company when you accepted the offer from the second company. My answer is that the first company would be entitled to sue you for the damages that they have suffered as a result. The damages are not infinite, and they need to prove them in court. Something like the recruitment agencies fee for finding you, would be damages. Their wasted time - much harder for them to quantify and prove, especially if they don't bill themselves out on an hourly basis like a lawyer. My advice: Offer to pay the recruitment agencies fee for finding you, in full. Then tell them that the offer is in FULL and FINAL settlement of their claims against you. If they were clever, they would accept. If they REALLY wanted to sue you, they would need to issue a summons out of the Court and run a trial to prove their damages. That is time consuming, and costly for them.If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".If my are HAPPY with my answer then please click one of the SMILEY FACES to rate my answer and then click the GREEN ACCEPT button to accept the answer.Good luck and best regards,CaseLawPlease note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
Expert:  CaseLaw replied 1 year ago.
Hi there again,
I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.
If you have a further question please ask it?
Regards
CaseLaw