Recruiting firm A submitted me for a position with a company. I was offered and accepted a position with that company, turning down an offer with a separate company that was given the same day. The next day, I was told that recruitment firm A doesn't have a contract in place with the company, and are actively negotiating a contract between them. A few days have passed and there is no contract.

Recruitment company B, with whom I've worked with in the past, has an existing contract with this same company with whim A is actively negotiating. If A cannot come to an agreement within a reasonable amount of time, should I let recruitment B represent me to Company? are there legal concerns if I let B represent me? I turned down a perfectly good offer from company Y already and want to get back to work soon.

This position is a 6 month contract to hire. For that matter, I have an LLC of my own, since the issue is liability, can I just get liability insurance on my own and directly contract with them for 6 months until they hire me?

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    Where is this: US, Canada, UK, France, India or some other country? Employment law may differ from place to place which would be important here as LLCs can exist in more than a few countries. – JB King Oct 6 '14 at 16:41
  • Unlikely that you will be able to deal with X directly as you were offered to them by A. It wouldn't do good things for X's reputation among recruiters if they took hires without involving the recruiter. It would just be bad form on their part. – Myles Oct 6 '14 at 16:56
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    Did you sign any contracts or verbally agree to be solely represented by A? Did you accept the job? Did A offer you the job, or did you get the offer from the hiring company? Why can't you go back to the company you turned down and tell them that the other position for which you turned them down is to be falling through, and you'd like to reopen negotiations? – atk Oct 6 '14 at 17:18
  • This position is in the US. I didn't sign any agreement with A, though I did accept the position. I am considering going back to the company I turned down, but the position at this company is really what I want to be doing. What bothers me is that I am essentially getting punished by not getting the position I was offered by Company X (through Firm A) because A didn't have their crap together before starting business with me. – SpaceCowboy74 Oct 6 '14 at 18:24
  • I am hard-pressed to imagine how an employer would accept a resume from a recruiting firm, interview the candidate, and get to the point of making an offer all without having an official relationship with the recruiter. That would require a ton of people to drop balls along the way. Are you sure this is a recruiter and not a consulting company? – Justin Cave Oct 6 '14 at 18:30

Can you? Sure. But you may face some legal and professional issues.

First the primary company may not want to work with you since you were first presented to them by company A. The potential for their company to be tied up in court over this may be too high for their legal team to accept. Even if they are not named in a suit their being involved as a witness will cause the company to incur expenses, and there could be a real risk of their being named as a party in the lawsuit as well.

If you have signed an agreement for representation with Company A they can potentially go after you for cutting them out. Again even if you win there will be expenses for you and the company, potentially both if you contract through B's existing Contract.

None of this is legal advise to or not to do this just trying to help you understand why there are risks involved. If you want more specific information on the risks and mitigating them you will need a lawyer.

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