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Legal/ill-legal conflict of interest

Abilene, KS |

I work for a staffing franchise. Yesterday we called a guy, offered him a job, he accepted. I thence, called the department head to confirm we would be sending this guy to work under him. A little while later, the department head called us back and said his ex mother in-law worked there and didn't want him there. There had been internal problems with the divorce, but anything with the law had been dropped. We listened to the concern, and didn't want any problems as well. Next we called the guy back offered him a different position else where, and he accepted that. But then later he found out that his ex mother in-law had put a word into for him to not get placed at the first location, and is upset. Was this act legal/ill-legal with my company or they company that revoked his position?

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Attorney answers 1


I think you will get responses to your question if you re-post it in a different legal area. This is not really an "ethics" question, and it does not appear to be a question involving a conflict of interest in the legal ethics sense. I suggest you try posting your question in an area like employment law or contract law. Also, you might want to consider consulting with either your company's in-house counsel or to a contract lawyer or employment lawyer in your area.

I say this because I believe the underlying legal issues here are something like the following: First, does the department where you attempted to send this worker have any duty or obligation to accept the worker, even if some other employee (meaning the ex-wife's mother) in that department has a personal issue with this new worker? The answer to that question might depend on the contract between your staffing company and the department or company that is getting workers from you (assuming these are two separate companies). There might also be issues related to internal policies of the company that turned the worker away, but I doubt that would affect your company's obligations (again, assuming these are two separate companies).

A second issue might be whether your staffing company has particular duties or legal obligations to ensure that an applicant who is qualified for a position gets the best position available and is not turned away for reasons unrelated to the applicant's qualifications. That could depend on both what's in the contract between your staffing company and the department or company you were referring this worker to, as well as any commitments or agreements you have with job applicants.

Whether it's these sorts of issues or something a bit different, I think you will get ideas and suggestions if you re-post this in one of the other areas I suggested.

Every person and every case is unique and the information I provide on this forum is not a substitute for consulting with an attorney licensed in your jurisdiction to obtain appropriate legal advice specific to your situation. Any information I have provided is of a general nature. It is not legal advice and should not be construed as such. I am unable to give you legal advice on this forum. Further, I am not your lawyer and by providing information on this forum, I am not agreeing to enter an attorney-client relationship with you. Communications on this forum are not privileged or confidential and should not be treated as such. It is unwise to disclose information of a confidential or personal nature on this forum. If you are unable to afford an attorney in a criminal matter, the court should be able to appoint counsel for you at no cost to you. Also, most state bar associations can provide contact information for free or low-cost legal advice.

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