Legal Question in Civil Litigation in Florida

Staffing Contracts

If a Staffing Firm presents a company with a candidate but never signed a contract with the company or the candidate, can they sue the company if the candidate ended up going to work for the company?


Asked on 2/05/08, 11:47 am

3 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

Re: Staffing Contracts

It would probably depend upon whether the company was aware of the Staffing Firm and, if so, what communications took place between them as to the candidate. It might also depend upon wheteher there was any past history with the Staffing Firm. Not all contracts have to be in writing in order to be enforcible. Of course, the Staffing Firm may also be able to sue the candidate. Did the company make any representations to the candidate that they would pay the Staffing Firm? There is a rule of law that if two people make an agreement that benefits a third party, that the third party, whom is an intended beneficiary, may sue to enforce that agreement.

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Answered on 2/05/08, 12:11 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Staffing Contracts

If when you contacted the firm you knew the terms under which they would be sending someone over, then you probably have a contract and probably owe them the fee.

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Answered on 2/05/08, 2:40 pm
Johm Smith tom's

Re: Staffing Contracts

You very likely have a verbal contract, which means they can probably get some of their fee...depending on how much it is. Talk to an attorney to find out for certain.

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Answered on 2/05/08, 5:05 pm


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