Your legal rights when dealing with a recruitment agency
Most often young graduates will list their names with a recruitment agency in hopes of finding employment opportunities faster than searching on their own. However, time goes by and after a period of unemployment, you decide to search on your own. You find that some employers refuse to hire you because the agency submitted your name first, without your permission. Since the employer is expected to pay a fee of your wages, this does not sit well with them and those opportunities are lost. What steps do you take to prevent this from happening in the future?
Daniel Lublin gave his opinion in the Globe and Mail article on this subject. What he explains is crucial to continuing your search efforts. Firstly, you need to terminate dealings with the agency immediately. Whether or not there is a signed contract, they do not have the legal right to continue to act on your behalf without your authorization or consent. Secondly, send a letter to the agency’s director confirming that your dealings with them are over and that they are not permitted to continue to use your name for future searches. If they are still reluctant to do so, advise them of your intent to consider your legal options. Their unethical practice may be halting your employment opportunities. If at any point you believe that an employer may be conflicted with this issue, clarify to them that you are not associated to any agency.
To find out more on the topic read the full article published in the Globe and Mail, “A recruiter is sabotaging my son’s job search”.