ASK THE HEADHUNTER Employee quits, boss wants her to refund employment agency fee

[deanwebb]

Employee quits, boss wants her to refund employment agency fee

In the September 11, 2018 Ask The Headhunter Newsletter an employee placed by an employment agency quit, and the employer wants the placement fee refunded. Question An employee quit without notice after five months. Her explanation was that she never wanted to stay at this job from the start. We paid a hefty agency fee for this person. She never signed any paperwork with the agency, and the contract stated that employment is "at will." Do we have the right to go after the employee to pay us back for not being truthful? Or do we have to go to the

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Source: Employee quits, boss wants her to refund employment agency fee

[deanwebb]

Link works, and it's a big mess for the employer... which probably should have tried to do a better job of retention. Up to 90 days, maybe it's the agency's fault. After 90 days, it's on the employer.

Also, it's an at will contract. Employee can sever the relationship without notice with no fault. It's a risky move, especially in a field known for a small world - I would never recommend such a move in IT - but it's totally legal. The employer has no way to get its fee back from the employee and probably also no way to get its fee back from the agency that placed her.

[dlots]

yeah, 5 months is kinda short, but not a total dick move, no notice is a dick move, but no more of one than if the company wants you to quit.

[mmcgurty]

Jobs are like relationships, sometimes they don't work out and you don't see that sometimes until you are in the relationship.  We wouldn't be having this conversation though if the company wanted to cut numbers and let them go after five months.  I guarantee they wouldn't offer this person any kind of severance for five months of employment.  What if they had turned down other offers not knowing they would be laid off in five months?  No recourse for the employee either.  No one talks about employer when they behave in this manner, it is just business.  It is time businesses realize they made this bed and now it is time to sleep in it.  You can't have your cake and eat it too.

I know far too many people that have worked in places since 2008 looking for better jobs without any increases or promotions.  Now that times have gotten better and they are jumping ship, the companies are all butthurt that they can't fill positions.  Um, you didn't give your employee standard living increases for years and now you are upset they left?  Sorry not sorry.

[deanwebb]

Once upon a time, corporations actually looked at employees as long-term investments, where they'd do whatever it took to retain talent. Pensions played a big part of the "golden handcuffs" package.

Well, corporations, if you cut pensions, that's a big blow. Right along with failing to give proper cost of living increases, cutting travel allowances, cutting training, stupid rules like "gosh we can't do more than a 5% move on salary, even though you just picked up that CCIE, there..."