Employment agency blocked hire

[airzimzerker]

Florida

I am currently working for an employment agency as a contract employee for a company. I have since found a better, higher paying permanent job with an employer that is hiring with through the same agency. The agency has told the potential employer not to hire me so they could make more money off me in my current position. I am wondering if this is illegal in the same sense that giving a bad referral is.

Terrill

 

[HomeGuru]

Florida

I am currently working for an employment agency as a contract employee for a company. I have since found a better, higher paying permanent job with an employer that is hiring with through the same agency. The agency has told the potential employer not to hire me so they could make more money off me in my current position. I am wondering if this is illegal in the same sense that giving a bad referral is.

Terrill

**A: so that's exactly what the employment agency told the employer?

 

[airzimzerker]

I am not sure they mentioned the money part but I was told that they told them to try and hire someone else. The hiring company did not want to cause problems with their staffing agency. They had to use the fact that I had an offer from a different company just to be able to interview me. I was told this also. This was told to me from one of the hiring company's employees that I had worked with in a previous position. It was a spoken conversation so I do not have a record of it but I think I could get it if it was needed. My "issue" with the employment agency also came up as a question from a different employee that interviewed me. There is no question they blocked the hiring. This company made initial contact with me about employment as I have worked with several current employees in the past.

 

[HomeGuru]

I am not sure they mentioned the money part but I was told that they told them to try and hire someone else. The hiring company did not want to cause problems with their staffing agency. They had to use the fact that I had an offer from a different company just to be able to interview me. I was told this also. This was told to me from one of the hiring company's employees that I had worked with in a previous position. It was a spoken conversation so I do not have a record of it but I think I could get it if it was needed. My "issue" with the employment agency also came up as a question from a different employee that interviewed me. There is no question they blocked the hiring. This company made initial contact with me about employment as I have worked with several current employees in the past.

**A: if you DO NOT give us the real facts, we can't help you.

 

[airzimzerker]

I do not understand. I think money was mentioned but I am not sure? Does their reason for doing it make it anymore legal or illegal. It should have nothing to do with it. I am just looking for it it is legal for them to instruct a company not to hire me.

 

[HomeGuru]

I do not understand. I think money was mentioned but I am not sure? Does their reason for doing it make it anymore legal or illegal. It should have nothing to do with it. I am just looking for it it is legal for them to instruct a company not to hire me.

**A: hello, can you read what I last posted? You're not helping us to help you.

 

[airzimzerker]

I am asking to find out if I should contact a laywer or not. If it is illegal I will hire a lawyer and let him figure out the details.

 

[airzimzerker]

**A: hello, can you read what I last posted? You're not helping us to help you.

I am not sure what you are looking for. To get solid facts, I need to do a bunch of work to get everything documented. I would assume some facts would not be accessible by me. People would have to be forced to testify or turn over emails. That is a legal thing. Please tell me what else you need. I have given all the information I have. I think.

 

[cbg]

In that case, the information you have is not sufficient for us to answer your question.

 

[airzimzerker]

OK! I'll ask again. What information do you guys need?

 

[HomeGuru]

OK! I'll ask again. What information do you guys need?

**A: oh brother.

 

[tranquility]

What the others are trying to say, in a legal sense, is that assuming all the facts you allege are true, would you win a summary judgment motion. The answer is no. So far, you have nothing. However, the facts don't prevent a judgment if other facts are alleged. Why did they block your hire? What, *SPECIFICALLY* did they say to the potential employer?

Without that, you won't even get a start on the long process of a suit on the issue.

 

[airzimzerker]

Thanks for your time. I guess this is why people get frustrated with the law. I would think it would be either legal or illegal for them to tell a company not to hire someone no matter what the reason but especially if it was along the line of we have him under contract with another employer. Well, I guess if I can't win in court, I'll win the other way. I'll put in my 2 week notice so they don't make anymore moey on me and will lose money from the vacation they have to pay me. Thanks again.

 

[ecmst12]

The company has a contract with the agency. That contract, which you are not a party to, probably contains a "non circumvent" clause which prevents the company from directly hiring anyone who is currently a contracter working through the agency for a certain length of time or without paying a buyout fee or something like that. It is to prevent the company from basically cheating the agency out of their fees. It has nothing to do with you and it is perfectly legal.

 

[tranquility]

We have a client who supplies in-home nurses to people who need them. They are an employment agency and the person writes a check to our client and our client pays the nurse, after taking their cut. Their contracts with the clients and with the nurses both have clauses regarding work with the clients of the agency.

When the agency is "fired" by the at-home person, they always send a manager in a couple of weeks to the home, allegedly to check on the well-being of the former client. It amazes me how many times a nurse from the agency (rarely is on full-time, the agency supplies different hours) answers the door. Bing, bang, bong..breach of contract. It's now accounting for an appreciable portion of the agency's profits. Payments from nurses and former cleints who thought to game the system pay in installments for no work.