An employer whom I was placed with by temp agency hired me directly. Do I owe a fee?

Question

I received a seasonal job through a temp service. The company liked me and decided to bring me back permanently after my temp assignment had ended. The agency found out and is giving my enployer the option of either paying a fee ($1600 for 350 hours owed) or allowing me to return to work under the agency. Is it a violation of my 13th Amendment rights to be forced to work indirectly through the agency (thus removing my benefits)? And does the company really owe anything, since the assignment was seasonal and temporary from the beginning, and I was only asked to stay after the temp term had ended?

Answer 1

The agreement was between the temp service and the company. The temp service wants a placement fee. This is usually negotiable. Speak to your potential employer..tell them that you would like to work for them.

Answer 2

usually the company pays the fee...not you. It used to be that way. They should have told you up front if that was the case. As for them hiring you after the temp term...the temp agency may have something in their contract that says "if hired within X months, then fee is due"...or something like that.

If the company really likes you, which it sounds like they do, they will not mind the fee. After all, they got a good worker. Otherwise, they would have had to run ads (expensive), interview multiple candidates (time and money) and waited for the person to start...more lost time. It's actually a good deal for them.

Answer 3

you can think of your temp agency as a pimp if you like. if the temp agency had a contract with you or the new employer that you cannot be hired by them during or for a specified time after you work for the temp agency, its perfectly legal. and common in the business. it sucks.

Answer 4

it depends on the state laws for the agency and the company which hired you. my first inclination is to say no. but state laws vary widely. the 13th amendment would apply, but not necessarily be invoked by any party involved. it would cost to much to litigate for all parties involved.