u/ITContractorsUnion

OK, so "worthlessness" in and of itself may not be a tort, but right now it looks like I've got three possible claims:

1). Negligent Hiring Of "Recruiters" By Staffing Agency:
Staffing Agency hires recruiters that have no knowledge whatsoever of subject matter, no experience doing it, nor any innate capability to EVER understand the subject matter. "Standard of Care" is to use experts to evaluate prospective applicants.

2). Negligent Hiring of Staffing Agency By Client:
A Negligent Hiring claim can be brought over the hiring of an incompetent vendor by a client on the same grounds as an employer can be sued for hiring an incompetent employee. The "Staffing Agency" "gatekeeps" submissions of resumes to the end-client, and does not submit all applicants equally. They do this because a.) They hire incompetent recruiters as in 1) above, and b.) Those recruiters are lazy, worthless, and incompetent, do not do human review of resumes and rely on an ATS to determine qualifications, because as in 1) above, they have no capacity whatsoever to relate what is on a resume to a clients actual requirements.

3). Interference With Prospective Economic Opportunity:

1. and 2) above combine to prevent qualified persons from competing fairly for the business at hand.

There may be additional claims I can make but this is good for starters.

The lawsuit will also seek a judgement that requires a "Staffing Agency" to publish all relevant info on a job advertisement, including but not limited to: original publication date, revision history, client name, client POC, recruiter name, applications received, applications reviewed by a person, applications submitted to client and any other relevant info so that a person can verify that the job is real, and if desired, simply skip the "Staffing Agency" completely.

The use of an ATS as negligent may have some traction because that is the same type of claim that is brought against "Background Check" companies when they deliver incorrect reports, namely that they use automated, non-human systems to aggregate info, and do not do human review for correctness.

The suit is being drafted, now, and I will update this community as it progresses. If it is successful, please find lawyers who will help you do the same thing.