Question for any Lawyers here. Is this fraud?

[Wolf Frankula]

First, I am not a temp, nor looking for a job with a temp agency. I was asked this by a temp. Is it fraud for a temporary employment agency to advertise and interview applicants for jobs that it does not have, for jobs that don't exist?

Wolf

[MH1]

1. I am NOT a lawyer but interested in the response.

I think it is not fraud because I assume it is a widespread practice.

Temp agencies do everything they can to build up their database of potential hires, so that they can fill an opening when it comes up. Temp agencies make their profit by placing people. So they want to be able to quickly submit candidates to jobs. A job is often sent out to several agencies and so they are competing against these other agencies to submit the best candidate.

On the other hand, I can't recall a specific occurrence where I know a "job" was advertised that didn't exist at all. What definitely happens is the same job will be posted by several agencies so of course if there is only one slot, the job ends up as "doesn't exist" once the requesting company hires someone.

[A HERETIC I AM]

2. Not an attorney either.....

But unless they are charging a fee, I wouldn't say so. They could be just gathering applicants for a future commitment.

If they are promising a job that doesn't exist, its unethical at the very least, but if no money changes hands......

[Major Nikon]

3. I don't think there's enough information to give an informed response

Fraud is intentionally deceiving someone out of something of material value like goods, services, or money. If there's nothing lost other than the time it takes to apply, I don't see how it can be fraud.

Large corporations also do this all the time. They will go through the trouble of advertising jobs and interviewing people only to have the intended project not fully materialize as planned and hire nobody as a result.

[underahedgerow]

5. That's true, as is that often a large company already has someone within the company in mind

for that job, and is they are vetting outside candidates to make sure their inside candidate is the best choice.

[Major Nikon]

6. That wouldn't make much sense

They are under no obligation to consider outside candidates to begin with. Jobs are quite often limited to current employees only. Promoting from within makes perfect sense to a company that doesn't want to expand its payroll, but still needs to fill a vacancy.

[underahedgerow]

4. If no money has changed hands, no.

But if it's a reputable agency, at least the person has gone through the process and the resume and interview is on file, and a relationship can be built on that, that can lead to a job.

It's best to google the agency and check their reputation.

Fraud is the use of deception for criminal or financial gain.