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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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