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Employment Agency Contract Obligation

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J

Jim Covington

Guest
On November 1, 2000 I accepted a sales position with a company in Richmond VA through Accent Personnel (an employment agency in Richmond) I began work on November 6, 2000. I signed an agreement stating that I could not quit or be fired for diciplinary reasons for a period of 90 days. A week or so into the job I realized that the position was not what was presented and the income potential was considerably less than explained. I called the agency and explained this, she said that she was sorry and should have investigated the company more thoroughly to stick it out and she would find me something more suitable. However, I was still obligated for the 90 days with this company.

She contacted the owner, explained the situation and he made adjustments the commission structure. I explained to her that this was a great gesture, but the position still is not what was originally presented. I told her I want out. She said no way or you will be liable for the $6,000. After several calls and conversations she made me an offer of $3,000 to get out of the agreement. She also told me that I was in sales and should understand she would not get her commission if she was to nullify the agreement, so the bottom line according to her is that I must stay for the entire 90 days or will owe the agency $3,000.

I have recently been made an offer by another company (that I found my own, mind you) that is more suitable and matches my original requirements. I know the simple solution is to stay the 90 days, however the new position would require me to be out of town for a week prior to the 90 day fufillment. Being able to attend this annual meeting was a deciding factor in me being selected for this position. Simply stated, If I couldn't make the meeting I would not have been offered the job.

My question is: BASED ON THIS INFORMATION. IF I RESIGN BEFORE THE 90 DAYS, WILL I BE LIABLE?

Another question: IF I EXPLAIN THIS TO MY CURRENT BOSS AND HE LETS ME GO, WILL I BE LIABLE?

Last Question: DO AGENCIES OR THE ATTORNIES REPRESENTING THE AGENCIES TYPICALLY PURSUE THIS TYPE OF ENDEAVOR?


 



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