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      04-17-2013, 02:16 AM   #1
BeeEmmDubleYuu
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Employment agency

Not sure if there are any people here who know about employment agency laws.

If an agency sends an email asking if you accept their terms and conditions and email is sent replying, which is:

Sent by an employee who doesn't have the power to employ someone.
Email is not 100% clear if t&c have been agreed to.

Where does one stand with this if it goes to court regarding agency fees?

Thanks
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      04-17-2013, 03:07 AM   #2
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Surely this would be covered under normal contract law?
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      04-17-2013, 07:52 AM   #3
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Quote:
Originally Posted by djgandy View Post
Surely this would be covered under normal contract law?
What would be? Could you elaborate a little further?

Thanks
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      04-17-2013, 07:59 AM   #4
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definitely contract law but I don't understand your first post
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      04-17-2013, 08:09 AM   #5
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i think it depends on what the email contains itself, is a generic email or someone sent you a CV??
pm sent
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      04-17-2013, 08:13 AM   #6
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In short an agency sent an email to a manager asking if they accept the terms and conditions.
The email that this manager sent replying to the agency is not clear if the manager said yes (the email contains other conversations that they could have been referring to).
The manager is in no position to take on any employee without any authorisation from the MD.
The agency have now sent an invoice which i think should not be paid.

So although there are some gaps above i think the main points are above. If anyone does have experience in this matter then im more than happy for you to send me a PM and i can explain in depth :-).

Thanks

Also what do you mean by what would fit under a contract law?
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      04-17-2013, 09:10 AM   #7
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Well that sounds like a very loose contract, but without knowing all the facts it is hard to say. If it is that loose though I'd say they'd have a hard time enforcing it and if they do it would sound like their business model is intimidation rather than running an agency. Contracts don't just work like "If you reply to this email you owe me 10000000" for xyz.

Do you not have a legal dept at work? Sounds like a case for them.
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      04-17-2013, 09:37 AM   #8
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Well you either have a contract or you don't. The Manager either replied saying yes or he diddn't.

That is where the issue will lie but even if he did say yes on email and there have been no official contract physically signed then they are going to have a hard time claiming you owe them the payment.

Did you use their services? If not what are they charging you for? If so then why do you not want to pay?
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      04-17-2013, 10:14 AM   #9
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Quote:
Originally Posted by BeeEmmDubleYuu View Post
Not sure if there are any people here who know about employment agency laws.

If an agency sends an email asking if you accept their terms and conditions and email is sent replying, which is:

Sent by an employee who doesn't have the power to employ someone.
Email is not 100% clear if t&c have been agreed to.

Where does one stand with this if it goes to court regarding agency fees?

Thanks
Although we don't know the 'ins' and 'outs' of the e-mail trail you might want to read this article "At what point can an e-mail form a contract? (April 2012)."

Hope this helps.
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      04-17-2013, 10:26 AM   #10
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Quote:
Originally Posted by BeeEmmDubleYuu View Post
Sent by an employee who doesn't have the power to employ someone.
Quote:
Originally Posted by BeeEmmDubleYuu View Post
In short an agency sent an email to a manager asking if they accept the terms and conditions.
The email that this manager sent replying to the agency is not clear if the manager said yes (the email contains other conversations that they could have been referring to).
The manager is in no position to take on any employee without any authorisation from the MD.
If the Manager knew he didn't have the authority to deal with the Agency,why did he enter in to any form of negotiations in the first place?

It sounds to me like the manager has employed someone that the agency put forward,and the reason for the original question is to seek ways to avoid paying any agency fee.

If that's not the case,apologies,but from an Agencies perspective,their argument would be that they were under the impression (albeit wrongly) that they were dealing with someone (manager) who was in a position to make such decisions.

Has the company employed someone?
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      04-17-2013, 11:46 AM   #11
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If the manager was tasked with filling a position and used an agency to find the person, has accepted one of the candidates and made a job offer then your company is obliged to pay the agency fee. If it is a full time salaried staff member, then it will be a percentage of their first year salary, if a contract worker then you pay the agency the agreed hourly rate and they take care of the worker.

Your company representative is a manager and, at that level, the agency would be entitled to believe that he was authorised to make contracts on behalf of his company as managers in most companies usually are. No specific check by the agency would be required nor would there be any obligation on them to do so.

If the above is a representation of the events, then it sounds like someone is looking for an excuse not to pay the agency, or perhaps more likely, doesn't like the amount they have to pay (typically 12 to 17% of first year salary).

However, help is at hand, if you belatedly wish to re-negotiate (too late really) then simply pay the new employee off within a couple of weeks. The agency's fee will be conditional on the employee remaining at the company for, typically, three months, and if you pay the poor bastard off, your fee to the agency will be much reduced.
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      04-17-2013, 11:52 AM   #12
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Quote:
Originally Posted by BeeEmmDubleYuu View Post
In short an agency sent an email to a manager asking if they accept the terms and conditions.
The email that this manager sent replying to the agency is not clear if the manager said yes (the email contains other conversations that they could have been referring to).
The manager is in no position to take on any employee without any authorisation from the MD.
The agency have now sent an invoice which i think should not be paid.

So although there are some gaps above i think the main points are above. If anyone does have experience in this matter then im more than happy for you to send me a PM and i can explain in depth :-).

Thanks

Also what do you mean by what would fit under a contract law?
Then is will be down to interpretation of what was written. I'm no solicitor but have suitable qualifications and deal with contract law every day for my job. You'll need an 'expert opinion' whether the email conversation can be construed as acceptance. Him taking on employees without MD approval is not a contractual issue but merely a company policy issue. He will most likely have power of attorney to act on behalf of the company in the eyes of the law regardless of their own in-house policies.
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