Provided by: Jennifer Kirschenbaum, Esq.
April 19, 2022
Question:
Hi Jennifer,
I used a recruiter to hire a doc and now the doc has left and the Recruiter wants a new fee. I shouldn't have to pay. Now what?
Thanks,
Dr. K
Answer:
Now, I need to see what you signed with the recruiter. Without that, I can't answer. There are no underlying laws requiring a replacement fee or stating no replacement fee is needed. If you did not sign anything, you could potentially have a claim of unjust enrichment if the facts are so slanted in your favor, but tough to win on that without a contract basis. Assuming there is a contract, we need to see the timeframes you are living in related to the original hire and departure dates, as well as notice dates (notice of termination and notice to recruiter for replacement). There are many moving parts here. Typically, I negotiate on the replacement timeline and look to push the employee retention piece, and also the timeline for replacement out; especially if the fees are on the higher end...
Happy to review and provide a more specific answer...
