Re: UNSURE OF HOW TO ASK THIS ONE???

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On 11/11/01, Older Under 50 Employee wrote:
> I am a long time employee of "T" Company, who recently
> merged with "C" Company, forming "CT" COmpany. Although I
> retained a position following completion of the merger, the
> terms were such that I can qualify for "T"'s change of
> control benefits, a significant package which includes
> retention of medical, etc. providing I resign within 60
> days beginning 11/1/01.
>
> I recently contacted a local employment firm regarding a
> position I wished to apply for, and was informed that,
> under the terms of their contract with "T", "C", and
> now "CT", they are unable to handle me as a client.
>
> Advice anyone?

If you're asking whether any laws have been violated because
the employement firm won't employ you or represent you, then
the answer is no. Employment firms typically won't represent
ee's from companies that are clients, even if a written
agreement is not in place. For example, as head of an HR
Department I use selected contingency and retained search
firms to whom I pay a substantial fee to fill job openings
within my company. If any of those firms turned around and
solicited ee's out of my company or were instrumental in
placing them in new jobs, I'd never use them again. It's a
matter of both ethics and practicality on the part of the
employment firm. If there is a contractual relationship
between the firm and the employer, then they're legally bound
as well not to represent you.

Since you have hundreds of ways to find new employment
without using this particular firm, it would be virtually
impossible to have any cause of action against them or your
employer for wrongful interference, restraint of trade, or
anything along those lines.

Re: UNSURE OF HOW TO ASK THIS ONE???, 11/11/01, by Beth.

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