I am hoping to get some insight on this situation. I worked at this particular facility yrs ago thru a different agency. After leaving them I attempted to get into this facility on my own. Back in April I applied for an open position they had posted. In May I began working extra hrs w a new agency. I have not worked at this facility for them yet but did have 2 shifts scheduled to work there next week. Last week I was finally contacted regarding my application I submitted in April. I was honest w the DON about the agency. I was offered the position. She suggested to me to tell the agency I could not do the upcoming shifts so not to interfere w their contract because the company doesn't buy out contracts
I did that after leaving her office. Tje temp agrncy told me regardless they are going to block me from getting the position. How can the threaten to sue this company if they hire me seeing as I applied for this position prior to working w the agency? They are trying to claim they introduced me to the facility. Meanwhile i jave proof i applied in April. Please help! Any advice would be helpful. I was going to quit this agency regardless for multiple other reasons but this is the icing on the cake.
Seek the services of an attorney to deal with the agency and move on with your employment plans.
I appreciate your response. I know that's ultimately the road I need to travel but I am hoping not to lose this opportunity in the mean time so I am seeking advice as to how they can block me when I had spied way before starting w this agency
Legally I don't see how they can, since your application at the facility preceded your application with them, and you can prove it.
Often a cease and desist letter from an attorney is all it takes.
If you signed a contract with them that had a 'non-compete' clause before you accepted employment at the hospital they might have cause, but having a 'non-compete' clause and enforcing it is two entirely different things. It's very hard to enforce and if you live in California it's near impossible. If there is no non-compete clause I doubt they have any leg to stand upon, legally.
I would suggest you contact a labor lawyer to verify because I'm not lawyer, but I'm pretty certain I'm right.
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