Legal Question in Employment Law in California
employment agency fee
I accepted a position with a company through an employment agency that does not charge prospective employees a fee. The fee is paid by the employer. My employer negotiated a fee with the agency to pay the fee in 3 installments. The first installment is now due. I have to resign my position because my husband needs to relocate because of the kind of work he does. He is a builder and he can no longer afford to build in this area and can not compete with the big companies. We can't live on my income alone and he hasn't had an income for a while.
I feel bad about having to move and quit my job and leave my family, but economically we need to do this. I am concerned about the employment agency fee. What if my employer says I need to pay the fee? I don't have the money.
1 Answer from Attorneys
Re: employment agency fee
You need not worry about paying the employer. The agency fee is a contract between the agency and the employer, and doesn't involve you. Employers are not allowed to charge or deduct wages from employees for the "cost of doing business," which in this case is the recruitment fee paid to the agency. Employees in California are presumed to be "at will," meaning either the employer or the employee can end the relationship at any time for any reason, and that is what you are doing. Nothing more, nothing less.