Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“TAC submitting an outdated resume of mine, and therefore incorrect, without my consent to company “ABC” in January. “ABC” has a policy where for 6 months, that agency then has the right to represent me. This was done without my knowledge and I was never told of the submittal.
Now, “ABC” has a job that is a perfect fit for me. But, a long time, top notch, recruiter of mine is blocked since TAC submitted an old resume of mine in January. I have no idea how old that resume is. I do know that version of my resume does not have my most recent consulting gig on it, which is very important for the “ABC” job. Regardless, I also found and corrected very minor things on my resume in the past few months. I corrected grammatical issues that only lawyers and engineers would care about. 1) Is fraud the correct term, since TAC is using incorrect information for their own gain (referral fee)?
At sometime in the past, I did likely submit my resume to TAC. It was likely when I between contracts and need a job ASAP! So, who the reads the legal BS? I was under duress, since I very desperately needed a job to stay alive!! (wink, wink) So, even if I checked some box that said I read and agreed to their BS policy, since it was under done under duress, it’s not binding, is that correct? 2) Is duress the correct term? And, is that legal policy binding?”With respect to your question “who reads the legal BS”, the answer is people who want to be sure that they don’t get caught by legal minutiae. Signing up with TAC when you needed a JOB is not duress. If you signed up with TAC, and signed on the DOTted line, then that is your responsibility, and you are probably, as we say, SOL.
Question: Next time, read the “legal BS”, and realize that you are responsible for agreeing to something to which you sign your name.
