What is the law regarding hiring a temp directly and not using their former temp agency?

UPDATED: Sep 30, 2022

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What is the law regarding hiring a temp directly and not using their former temp agency?

I hired a temp through a local agency for a week to fill in for an employee on vacation. I signed a hire agreement if we wanted to offer employment to the temp that we would agree to hire through the agency and pay the fees. Now, 3 months later, our actual employee left and we put an ad on craigslist. The former temp answered our ad and we’d like to hire her. She had left the temp agency about a month after her week with us and is working at a job she doesn’t like. Since we didn’t directly recruit her through the agency, am I violating the contract with the temp agency if I hire her? We have since used the temp agency one other time and that was for the same situation – one week assignment for a person on vacation, but I’ve had no other contact with the agency.

Asked on December 14, 2016 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The law generally does not say anything one way or another about this; it depends entirely on what the contract says, as to whether you could legally hire this person. Contracts are governed by their exact language or wording, so there is no way to definitively answer without the text of the contract. If you are unsure as to what it says or means, bring the contract to an attorney who can review it with you.

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.

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