North Carolina General Statutes 95-47.6. Prohibited acts
A private personnel service shall not engage in any of the following activities or conduct:
(1) Induce or attempt to induce any employee placed by that private personnel service to terminate his employment in order to obtain other employment through the private personnel service; or procure or attempt to procure the discharge of any person from his employment.
Terms Used In North Carolina General Statutes 95-47.6
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Employee: means a person performing work or services of any kind or character for compensation. See North Carolina General Statutes 95-47.1
- Employer: means a person employing or seeking to employ a person for compensation, or any representative or employee of such employer. See North Carolina General Statutes 95-47.1
- Employment: means any service or engagement rendered or undertaken for wages, salary, commission, or other form of compensation. See North Carolina General Statutes 95-47.1
- Fee: means anything of value, including money or other valuable consideration or services or the promise of any of the foregoing, required or received by a private personnel service, in payment for any of its services, or act rendered or to be rendered by any private personnel service. See North Carolina General Statutes 95-47.1
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Interview: means a meeting between an employer and an applicant to discuss potential employment. See North Carolina General Statutes 95-47.1
- Job order: means an oral or written communication from an employer authorizing a private personnel service to refer applicants for a position the employer has available. See North Carolina General Statutes 95-47.1
- Person: means any individual, association, partnership or corporation. See North Carolina General Statutes 95-47.1
- Private personnel service: means any business operated in the State of North Carolina by any person for profit which secures employment or by any form of advertising holds itself out to applicants as able to secure employment or to provide information or service of any kind purporting to promote, lead to or result in employment for the applicant with any employer other than itself, where any applicant may become liable for the payment of a fee to the private personnel service, either directly or indirectly. See North Carolina General Statutes 95-47.1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Publish or cause to be published any false or fraudulent information, representation, promise, notice or advertisement.
(3) Advertise in newspapers or otherwise, unless the advertising contains the name of the private personnel service and the word “personnel service.”
(4) Direct an applicant to visit or call upon an employer for the purpose of obtaining employment without having first obtained a job order or authorization from the employer for the interview. A private personnel service may attempt to sell the services of an applicant to an employer from whom no job order has been received and may charge a fee if the efforts result in the applicant’s being employed.
(5) Send or cause to be sent any person to any employer where the private personnel service knows that the prospective employment is or would be in violation of State or federal laws governing minimum wages or child labor, or has been notified that a labor dispute is in progress, without notifying the applicant of that fact, or knowingly arrange an interview for an employment or occupation prohibited by law.
(6) Send or cause to be sent any person to any place which the private personnel service knows is maintained for immoral or illicit purposes.
(7) Divide or share, either directly or indirectly, the fees collected by the private personnel service, with contractors, sub-contractors, employers or their agents, foremen or anyone in their employ, or if the contractors, sub-contractors or employers be a corporation, any of the officers, directors or employees of the corporation to whom applicants for employment are sent.
(8) Make, cause to be made, or use any name, sign or advertising device bearing a name which is similar to or may reasonably be confused with the name of a federal, State, city, county or other governmental unit or agency.
(9) Knowingly make any false or misleading promise or representation or give any false or misleading information to any applicant or employer in regard to any employment, work or position, its nature, location, duration, compensation or the circumstances surrounding any employment, work or position including the availability thereof.
(10) Accept a registration fee from an applicant.
(11) Impose or attempt to collect any fee from any applicant unless that applicant accepts employment with an employer to which the applicant was directly or indirectly introduced by the private personnel service.
(12) A fee may be charged for resume writing provided the private personnel service does not require the applicant to become obligated for any other services. (1979, c. 780, s. 1.)