Legal Question in Employment Law in New Jersey
Individual/Agency Non-Contract?
My company hired an employee, they originally obtained the employee from an individual claiming to have an employment agency. The individual wrote out of personal checks, did not have a contract for the company to sign, and therefore had no guidelines which had to be met. The company began paying the individual for temporary services, but then chose to hire her full-time and through the company. Because there was no contract and no guidelines, the company no longer paid the individual claiming to be an agency. Now the individual is claiming damages. What is the law in NJ?
1 Answer from Attorneys
Re: Individual/Agency Non-Contract?
Have you company speak to a lawyer, quickly.
This is not really a labor and employment law question, it is a contract question.
Please remember that contracts fo not have to be in writing, so that you may have violated some obligations to the employment agency. I see no reason that an individual may not act as an employment agent, and the fact that your company decided to take advantage of the fact this person was an individual and not a company could resonate poorly with a jury. On the other hand, the lack of formalities which seems to exist may cut in your companies favor. This is not a matter you can resolve through questions on the internet. Start acting like a real company, and hire competant legal counsel.
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