Filing a Lawsuit Against an Employment Agency
What is an Employment Agency?
An employment agency is a type of organization whose aim is to assist persons in finding jobs and securing employment. They may offer various services, such as resume editing, job placement, and securing interviews for a client who needs a job. Employment agencies generally work on a case-by-case basis and may often tailor their services to suit the individual needs of each job seeker.
Most employment agencies are smaller businesses that operate privately. Some of them might focus on specific fields, such as computer-related jobs, engineering employment, accounting, or other areas. They can sometimes charge a placement fee for helping a client land a job.
What are Some Common Reasons for Filing a Lawsuit Against an Employment Agency?
Generally speaking, the scope of liability of an employment agency may not always be very broad. For instance, employment agencies generally can’t be held liable if the client doesn’t find a job, or if they are fired due to their own misconduct. On the other hand, employment agencies would be bound to whatever terms may be agreed upon in a contract.
Also, the employment agency can sometimes act as a third-party negotiator between a business and the potential employee. As such, they usually have a duty to act in the interests of the client and to remain loyal to the client’s preferences and requests.
Some common reasons for filing a lawsuit against an employment agency may include:
- Breach of contract: Generally, most employment agencies use a contract with their client to reach an agreement
- Misrepresentation: If the agency makes any false claims or uses misrepresentation to gain clients, it may form the basis for a lawsuit
- Wage/hour disputes: If there is a dispute over wages or hours, the client may be able to file a complaint, especially if the agency was responsible for a miscommunication
There can be other legal theories involved, such as discrimination or loss of income. These will all depend on the facts of each case. A damages award may be issued to help offset financial losses.
Do I Need a Lawyer for Help With Employment Agency Issues?
Filing a lawsuit against an employment agency can be technical and complicated, and generally requires the assistance of a qualified employment lawyer. You may need to hire a lawyer if you need legal advice, representation, or counseling on employment matters. Your attorney can inform you of your legal rights and can help you throughout the course of your lawsuit.
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Last Modified: 05-16-2013 11:57 AM PDT
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