Can a recruiting firm refuse to place you in a new position because they have a contract with your current employer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a recruiting firm refuse to place you in a new position because they have a contract with your current employer?
I contacted a recruiter to find a new position and, after notifying me of finding
a good match, asked me if I was working full time or as a contractor in my
current role. After learning I wasn’t a contractor, they refused to move me to a
different job because my company is one of their main accounts.
I realize they probably have a contract with my employer but it still seems shady
to me to refuse helping me find another job. The recruiter said I could quit my
job and then he could help me but I’m not going to risk that.
I also realize a lawsuit wouldn’t be worth it since they probably wouldn’t want
to place me anywhere after a legal battle but is it legal to begin with? Thank
you very much
Asked on May 17, 2017 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It is perfectly legal UNLESS the terms of any contact you may have signed with the recruiter prevents this. Other than as perhaps set forth in a contract, there is no right to be hired and no right to have someone's assistance in placing you--a recruiter may refuse to place you in a job which they feel represents a conflict for them (or possibly even violates their contract with their client--and if it would violate their contract with their own client, they may *not* help you get the new position). Remember: employment--including hiring--is "employment at will": there is no right to a new or different job, except as in a contact.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.