Legal Question in Technology Law in New Hampshire

Is it ok for a recruiter to contact your employer?

A recruiter = Joe called asked if I was interested in a job

I told Joe that I was not interested

Joe said �I will keep my eye out for opportunities that provide a better fit for you. If this is something you would like me to do, I will need to have your references on file.

In our contract with our clients, it is stipulated that we only represent/submit candidates to them for whom we have references on file. We do not necessarily need to call them at this point, but we do need them on file to fulfill our contractual obligations to them. This is one of the services we provide them�

I sent Joe my references (my boss, my bosses� boss and 2 former colleagues at past jobs and a personal reference)

Joe still called references so I explained to him, �you say In our contract with our clients, it is stipulated that we only represent/submit candidates to them for whom we have references on file. We do not necessarily need to call them at this point

I am not a candidate for any of YOUR clients so there is absolutely no need to contact any of MY references at 8:30 am. Things were awkward. then 2 weeks after this i find out i'm being laid off and beleive it may have to do with Joe calling my employer. Is this ok to do on Joe's behalf?


Asked on 3/17/08, 4:58 pm

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Is it ok for a recruiter to contact your employer?

This was very tacky on the part of the recruiter and moreover you may have a cause of action in tort against the recruiter for losing your job if it can be proved that he was the cause of you being laid off. I am not admitted in New Hampshire as an attorney, please check with a local employment lawyer on the plaintiff's side. You may have a cause of action. Most plaintiff lawyers will give you a 30 minute free consultation to discuss your case.

Good luck!

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Answered on 3/17/08, 5:08 pm


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