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which came first, the chicken or the egg and is the company responsible?
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which came first, the chicken or the egg and is the company responsible?
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Hi again, We are in the process of recruiting candiates for some positions here. We use outside recruiting firms. We now have an arguement brewing between two recruiters who claim they each notifie
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Forums » Topic Forums » Legal Forum » which came first, the chicken or the egg and is the company responsible?

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Forums  »  Topic Forums  »  Legal Forum  »  which came first, the chicken or the egg and is the company responsible?

which came first, the chicken or the egg and is the company responsible?

posted at 6/11/2009 8:52 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
So it sounds like the candidate registered with both agencies (nothing wrong with this, it's a sound job-hunting strategy and tells you this candidate is smart), and one agency spoke to him about your company while the other one simply forwarded the resume along without the candidate's input.

So pay the agency that spoke to the candidate before sending his resume along to your company.

Unless of course that your information about the candidate having a verbal agreement to prefer one agency over another in return for getting a cut of the commission is true...where did you get this information?

which came first, the chicken or the egg and is the company responsible?

posted at 6/11/2009 10:14 AM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
Sorry, but this time I have to disagree with hrbth. Who sends the resume first will be more important than who spoke to the candidate first about the position. It's also much more solid evidence...you have emails with dates/times on them, not some anecdotal "they talked to me about your company".

It's been my expeirence that sales managers are always difficult to get on board with a hiring policy. You might want to have your HR director try a somewhat indirect approach with the VP Sales. Rather than go for the whole enchilada with all resumes going through HR, a good first step would be having HR negotiate all agency agreements (I would strongly suggest drafting your own rather than using the agency's agreements). When you're actually talking to the agency about the agreement, you can stipulate that HR be copied on all resumes submitted. You can go for the "all resumes through HR" at a later date, but at least you'll know what's going on with the agencies.

which came first, the chicken or the egg and is the company responsible?

posted at 6/11/2009 10:26 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
I was starting to get the impression that jeanneb's people weren't able to determine who sent the resume first (though now that I think about it I'm not sure where I got that idea), hence my advice above. However, Nork3, you are correct in that if jeanneb's people can find evidence showing which agency sent the resume first, then that's the agency to pay.
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