Can an organization refuse to consider an applicant for employment if the applicant previously applied for another job through a staffing agency?

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Can an organization refuse to consider an applicant for employment if the applicant previously applied for another job through a staffing agency?

I had applied and interviewed for a job through a staffing agency last month. I was not selected for that position. Since then, I have applied directly to the organization for other jobs which were not listed with or contracted to the staffing agency. The organization has informed me that I could not be considered for the jobs which I have applied for directly with them, stating they would have to pay the staffing agency their full fee. Since these jobs were not listed with the staffing agency, can the organization discriminate against my

application on this basis. If I terminate my relationship with the staffing agency, will that allow the organization to consider my applications?

Asked on May 18, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

At the end of the day, it is completely up to the prospective employer: they can consider you for the position if they want--or not consider you for it, if the don't want to. There is no right to employment, or to even be given the chance apply: the law of this country is "employment at will" and that means--among other things--that the employer has 100% discretion over who to consider for a job. It is their choice, and there is nothing you can do about it.


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