Situation: I have a team of about 15 people, some FTEs, some contractors placed through Robert Half to help facilitate an IPO and divesture. That has been going on for about 2 years. The contractors were originally only supposed to be around about a year, but the work has dragged on. One contractor, is actually an employee of Robert Half, that they loan to us. This particular contractor I would like to bring on full time as an FTE. Regarding this contractor - The contract we have with Robert Half is expired but it references language that we will negotiate a fee if they are to be hired by us. -The contractor has signed an agreement with Robert Half that says they promise not sign on with a company they are placed with for one year. -When we asked about hiring her, they said they wanted 50% of her salary as a fee. My CFO said **** them, we aren't paying them ****. Robert Half said they didn't want to have to send an invoice to the contractor if we wouldn't pay. If we did just hire her outright, are we or her liable for anything?
It’s all fun and games until some party is formally served. Then it’s still fun and games….. but costlier.
Hypothetically speaking, if I were a business attorney I would say your company would be liable for something, but since the contract is not specific it is hard to say exactly what. 50% is on the high end of what I may or may not have seen in the past. If your company is preparing for an IPO, certainly it can afford counsel other than some random stranger on the interwebs. Your CFO sounds like an idiot. YMMV.
wonder if @Nook could help, even though I don't believe he does employment/contract law. maybe @MadMax too.
