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Ameripro Search, Inc. v. Fleming Steel Company

Employment referral firm had no quasi-contractual right to commission where employer independently hired job candidate some 10 months after referral.

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OPINION

� 1 Fleming Steel Company (“Fleming”) appeals from the judgment entered against it, and in favor of AmeriPro Search, Inc. (“AmeriPro”). Upon review, we reverse.

� 2 This lawsuit involves a commission sought by AmeriPro from Fleming. AmeriPro is an employment referral firm that places professional employees with interested employers. Fleming is a steel fabricator. In May of 1993, Elaine Brauninger, an agent of AmeriPro, contacted Fleming and inquired about Fleming’s need for professional employees. Ms. Brauninger spoke to Mr. Dahlberg, Vice President of Engineering for Fleming. During the conversation Mr. Dahlberg stated that Fleming was seeking an employee with an engineering background. In further conversations with Mr. Dahlberg, Ms. Brauninger was advised that in order to move forward with hiring this employee, Ms. Brauninger would have to speak to Seth Kohn, president of Fleming, who alone made all decisions relating to employment and salaries.

 
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