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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption