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A professional recruiting company (R) introduced me to a company

(A) for a Full Time...
A professional recruiting company (R) introduced me to a company (A) for a Full Time position (P). During the interview process, it became clear that A did not want to hire me for P. Instead, they wanted to contract with me directly on a short term basis. About 1.5 years ago, I visited R regarding a purported position that they had open. Nothing ever happend with that meeting. I did sign some papers but did not keep copies. A has no signed agreement with R. R is threatening me and A indicating that we are both in breach of contract. Does R have a leg to stand on?
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Answered in 5 minutes by:
2/1/2011
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
Verified
Thank you for the post, I am happy to assist you by answering your questions. If you signed a contract with R stipulating that any employment with A must be via R, R can enforce that contract against you and sue A for tortious interference with that contract. The simple answer is yes, R has a leg to stand on.
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Customer reply replied 6 years ago

Thank You for the quick response. I did not sign anything with R beyond that initial meeting 1.5 - 2 years ago. At that time, I believe that I signed a form giving them permission to do a background screen on me.

  • A and R have no written agreement.
  • I have no agreement with R.

However, A did offer to give R a % of my earnings on this engagement to compensate them for the introduction. Does this offer in some how 'imply' a contract and bind A to R even without a written contract?

Hello, A and R do not need to have an agreement for R to sue A. R is not suing under breach of contract between those parties, R would sue A for knowingly interfering with the contract you have with R. If in fact you have no contract with R, there is no basis for a breach of contract action (because there is no contract).
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Customer reply replied 6 years ago

One last clarification, please. Does "tortious interference" only apply to situations where a contract is in place? I do not have a contract with anyone associated with this situation. In fact, nobody involved in this conversation has a signed agreement of any sort between each other. It's all implied and oral.

 

The contract that "A" wants me to execute is for a short term 4-6 week engagement and "R" tried to place me in a permanent position. They are totally different! "R" did not identify the short term engagement, they only identified the full time employment opportunity. Which, during our process of discovering that role, they lied to me repeatedly.

 

However, I am afraid that if I move forward with my agreement with A that R will try to file some sort of an injunction preventing A from paying me directly. R is "Robert Half" and they have a solid history of suing over things like this (according to a few internet searches).

 

Given this brief dialog, what is your professional opinion about whether or not Robert Half will try to file an injunction on the 4-6 week engagement between my company and "A"? Keeping in mind that "R" offered "A" 50% of the contract amount as compensation for their introducing me with regards XXXXX XXXXX full time position.

 

I will accept your next answer. Thank you very much!!!

No, it does not. tortious interference most commonly relates to contracts, but can also relate to business opportunity.

I think R will file for the injunction under a breach of implied contract theory, or in the alternative a tortious interference with business opportunity.
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
Verified
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MShore Law
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
25,285 Satisfied Customers
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

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