Legal Question in Employment Law in Florida
deception
Recently my wife signed with an employment agency. Finally she got a job at a travel agency. Soon she realized that she had been sent into grinding stressful pressure cooker. The employment agency failed to inform her of the situation. If this were the only time this had happened we would not be writting this. My wife learned that within the past year the agency had sent at less 12 people for the same position. Each time a person the agency collected approximately $900.00. And each time they were not informed of the situation. It certainly seems to us that the agency has a great thing going. Now this may not be illegal, but certainly seems highly unethical. Do we have any legal ground for a refund.
Thank you,
2 Answers from Attorneys
Re: deception
Refund of what? Why did you pay the employment agency? Unless you have an enforceable contract with the agency, there would be no grounds that I could see at this point. Please feel free to contact me at (3050 755-9441 with further specifics.
Re: deception
You have an arguable case for a refund. Every contract, whether verbal or written, carries with it a duty to act in good faith. If you paid the employment agency for their services but they sent your wife to a job which they knew was unlikely to be acceptable, you can certainly argue that the duty was breached and a refund is due. The problem, though, is that the agency likely will reject such a claim and your only recourse would be to sue. That would not be worth it because the cost would likely exceed the money you paid. Try negotiating with the agency to get further services to make up for the bad referral. You can certainly tell then that they are arguably in breach of the agreement to help your wife, but do so diplomatically so that you can reach some type of accommodation.
If you feel the need to enlist a lawyer, feel free to call for a free consultation.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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