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what is the time period for a private employment agency right…

Customer Question
what is the time period...
what is the time period for a private employment agency right of referral in arizona?
Submitted: 8 years ago.Category: Legal
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6/18/2010
Lawyer: Legalease, Lawyer replied 8 years ago
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,440
Experience: 15 years exp all aspects of general law
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Can you clarify? I am assuming that you mean you want to accept a job that an agency introduced you to?

 

 

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Customer reply replied 8 years ago
no, actually Iam the agency and our agreement reads that should the employer hire a temporary as a result of our referral then our firm is due a fee,however I must show time period foe this contract by state law /statue
Lawyer: Legalease, Lawyer replied 8 years ago

Okay. I understand now. There is no specific statute on this in Arizona -- because this is a contractual situation and parties are free to enter into their own contracts with each other so long as nothing in those contracts violates the law. Case law in this area has found that your requirements must simply be reasonable in this area -- similar to a non-compete agreements. Most agencies that I have represented limit the time period to 6 months -- although I have seen such contracts be as long as a year for most high paying positions. Courts recognize your need to have an exclusive on an employee for a little while but must balance that with the employees right to work and be employed.

 

GOOD LUCK

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time

 

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Customer reply replied 8 years ago

I don't understand exactly,I was given the directive by the hearing judge to send him the "statue that outlines the time period in state law...are you saying that in Arizona that is not stipulated? The candidate was used on a reoccuring order for the tax season,the employer asked me to check her (the candidate) availability for the new season I did and within 3 weeks the employer contacted the candidate directly to begin the reoccuring assignment I now must show right of referral time umbrella-any statue I can reference?

 

Thanks ,

Mary M

Lawyer: Legalease, Lawyer replied 8 years ago

The Arizona statutes directed at private employment agents are applicable only if you are charging the applicant (employee) a fee for the services -- and if you are you must be licensed by the Labor Department. If all of your fees come from the employers, then you do not have to apply for and hold the license. I reviewed all of the AZ statutes in the employment law category and private employment agencies are discussed -- but I cannot find any time period limit on the amount of time that an employee is prohibited from accepting employment with the employer unless a fee is paid. Here is a website link to the AZ employment law statutes if you want to review these provisions yourself: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/23/00521.htm&Title=23&DocType=ARS

 

Unless there is some obscure employment law that is not coming up in my read of the AZ statutes, then this should probably be a case law inquiry regarding what cases have held prior to your case regarding what a reasonable period of time is that the employee can/cannot accept employment from the employer. The kind of legal research that this inquiry entails to come up with a definitive answer is way beyond the question and answer format of this website and it would take several hours of legal time to research AZ case law for similar cases to give you (and the judge) an answer.

 

You may want to telephone the AZ dept of labor (they regulate licensed agencies) and inquire if there is any kind of agency stipulation or code section on the question of What is the time limit that an employee is prohibited from accepting employment from a client of the employer when the introductions were made through a private employment agency -- and see what the response is.

 

If your suit is against the employer and you had a contractual relationship with the employer, then this is a breach of contract lawsuit -- perhaps the judge thinks that there is or may be a statute that might cover this situation because AZ law does regulate employment agencies who charge the employee a fee -- but I am unable to find anything in AZ statutes to cover your specific situation.

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