Legal Question in Business Law in Maryland
Unsigned contract
A year ago,our company contacted a temporary employment agency. We were quoted $10.00 oer hour.When the rep appeared with the prospective temp, the rate escalated to $16.00 per hour at which point in time we declined their services. No contracts were ever signed. Recently, that perspective temp contacted us on his own about employment with us direct. Are we under any legal obligation, having never entered into a contract? Thank you. James
2 Answers from Attorneys
Re: Unsigned contract
If the temp is no longer associated with the temp agency, I see no recourse on its part. If he is still accepting assignments through that agency, you ought to determine whether his arrangement with them allows him to seek direct employment without entitling them to a placement fee. If not, you may be exposing your company to a claim from them. But given the passage of time, most likely you're OK with this.
Re: Unsigned contract
The issue of concern would be that you somehow interfere with existing contractual obligations between the temp and the agency. If the temp is still under obligations with the agency, that may place you at some risk if there is any way the agency can say that you knew about the temps obligations and induced him/her to breach her contract and come and work for you.
If the temp is not working for the agency any more and if any significant amount of time has passed, you're probably ok from two perspectives: first, there are probably no further contractual obligations on the temp's part; and the issue may just not arise as a practical matter because the agency won't have any reason to know about it.
Good luck.
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