I signed a letter of intent to start a new job in 2 weeks but do not want to start, am I obligated to pay the agencey fee?

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I signed a letter of intent to start a new job in 2 weeks but do not want to start, am I obligated to pay the agencey fee?

Asked on May 30, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If due to your signing the letter of intent, the employer was obligated to itself pay the agency fee, then yes, they could seek reimbursement of that fee from you. In that instance, you made a representation to them which they reasonably relied upon in incurring that fee; their reasonable reliance on your representation (your written statement you would take the job) makes your promise to them to take the job enforceable; and once the promise is enforceable, they may seek compensation from you for any costs they incur directly due to your breach of said promise.

(Alternately, if the letter of intent met the test to be considered an actual contract, they could enforce the contract against you to the same effect.)

 


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