Recent Answers to Recruitment Agency Contract Law Questions
Is it legal for a recruiting agency to charge a fee for providing a candidate who was previously referred by another agency?
Contracts
Recruitment Agency Contract
Washington
I recently engaged a recruiting agency to assist in finding a suitable candidate for a position at my company. However, another agency had previously referred a candidate who I ultimately hired through the new agency. Now, the first agency is claiming that they are entitled to a fee for the candidate, even though they did not actively participate in the hiring process. I would like to know if it is legally permissible for the new agency to charge a fee for providing a candidate who was previously referred by another agency.
Merry K.
I'm sorry to hear about what seems like a complicated mess. I suggest that you carefully review the contracts from each agency. The types of questions a contracts attorney would look for would include whether or not you're obligated to the first agency for referring a person and whether or not the second agency may be on the hook to the first agency for referring an employee signed up with the first agency. I'd want to know the time limits for referrals - eg, if the first agency's contract says that you would be obligated to pay them for a hire within "x" amount of time after referring the candidate. To my knowledge, this is the only chapter of Washington State law to review, that is on point: https://app.leg.wa.gov/RCW/default.aspx?cite=19.31 It's often possible to negotiate a settlement in these types of situations. The first agency wants to be paid for their time/effort, which is reasonable, especially if they had a contract with you, but you may be able to settle (if you do, be sure to get everything in writing - that they release you from further liability). If the second agency is somehow at fault, you may be able to get them to reduce the fee they charged you, and/or pay the first agency some or all of the first agency's fee. I hope this has been helpful. This is not the kind of project I take on anymore, but you should be able to find a great employment attorney through ContractCounsel.com if you need one to help you navigate.