Hatrack River Forum: Anyone worked for a temp agency? (Help)

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Posted by KarlEd (Member # 571) on :

Chris is looking for a job. He had to leave his when we moved to PA. He sent out his resume to several places, then thought he'd check out a temp agency when he didn't get any bites. They made him sign something to the effect that he wouldn't look for a job on his own now that they were looking for a position for him. (But they aren't paying him until they actually find one and the prospective employer actually wants to hire him).

What kind of teeth does such an agreement have? What could they do to him if he did seek a job on his own?

Also, he's just gotten a call from one of the places he put in a resume before signing with the temp agency. If they offer him a job, what can the temp agency do, if anything, if he decides to take the job?

I understand the agency's need to protect its own welfare. I mean, it would be wrong for him to, say, get a call from the agency then visit the company he was referred to and somehow get them to hire him without using the agency, but in this case it is a company that he approached before talking with the agency, and to my knowledge they don't deal with the temp agency anyway.

Anyone here work for a temp agency? Anyone have to sign something like that?

Posted by Tammy (Member # 4119) on :

quote:
They made him sign something to the effect that he wouldn't look for a job on his own now that they were looking for a position for him.

That doesn't sound right at all.

Posted by Coccinelle (Member # 5832) on :

I worked through Kelly Temp for over a year, and never signed something like that...

Posted by Storm Saxon (Member # 3101) on :

I've worked for a couple temp agencies and have never heard of this. It sounds completely unworkable to me. What if they take a year to find a person a job? What is the person supposed to do? Live on good intentions? What if the person doesn't want to work for the temp agency any longer? Can't they quit? How can they possibly not?

Posted by TMedina (Member # 6649) on :

I have yet to actually work for a temp agency, but the document Chris signed is more along the lines of restricting him from contacting any clients of the temp agency's. I could not, for example, contact a client of "Apple One" and approach them directly for a job, nor could I accept a job offer from the client because that would be bypassing the temp agency which is bad. Well, not really - but it does keep them from making money.

It also bars Chris from working for the temp agency's client without working through the temp agency for a specified amount of time after Chris has left the formal employment of the agency.

If a company approaches Chris directly and Chris accepts the offer and said staffing agency was never involved, there shouldn't be a problem. But I highly recommend calling the staffing agencies and removing himself from their list of "prospective employees."

-Trevor

Posted by Dagonee (Member # 5818) on :

I think there are likely qualifications here beyond the one line description that could be very important.

Look at the contract to see what penalties it imposes if he violates that clause.

In two years, I'd ask you to fax it to me so I could look it over. But for now, no legal advice. [Frown]

Dagonee

Posted by Storm Saxon (Member # 3101) on :

That sounds about right, Trevor.

[ September 23, 2004, 03:06 PM: Message edited by: Storm Saxon ]

Posted by beverly (Member # 6246) on :

I signed with a temp agency, though that was over 5 years ago. I signed no such document to my recollection. [Frown]

Sorry, and good luck.

Posted by Farmgirl (Member # 5567) on :

KarlEd -- this doesn't sound like a "temp" agency to me -- it sounds like a "placement" agency.

Basically they find you a job and you have to work through them -- preventing the person you are temping for from hiring you away from them for a period of time.

So if they are paying him $8 per hour, but the agency is getting paid $14 per hour by the company, to send you over to work for the company through the agency.....they are trying to protect their investment of time in you and keep their profit -- usually for a specified period of time.

I don't see how they can prevent him for looking for other jobs that are NOT one of their clients.

Farmgirl

(or - what Trevor said -- if I had been reading)

[ September 23, 2004, 03:10 PM: Message edited by: Farmgirl ]

Posted by TMedina (Member # 6649) on :

That's ok Farm - I don't feel confident until you second my thought on the subject at hand. [Big Grin]

-Trevor

Posted by Telperion the Silver (Member # 6074) on :

Exactly Farmgirl... [and TMedina]

And there is always the option of telling the temp/placement company that he doesn't need them anymore.

[ September 23, 2004, 03:19 PM: Message edited by: Telperion the Silver ]