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NONCOMPETITION & NONSOLICITATION AGREEMENTS IN THE PLACEMENT & STAFFING INDUSTRY by John R. Bauer

Published: May 5, 2015 2:03 PM
By Anonymous  |  Viewed: 1643
Category: Expert Advice, Legal  |  Tags: Placement, Staffing, Clients, Hiring, Sales, Law

Except in California, placement and staffing firms routinely require that their employees sign noncompetition and/or nonsolicitation agreements.   Moreover, there are few, if any, industries that...

Just Ask Jeff: You didn't obtain approval from the human resources department.

Published: Jul 22, 2014 2:26 AM
By Jeffrey G. Allen  |  Viewed: 2277
Category: Legal, Recruiting  |  Tags: Hiring

What Client Says:   You didn't obtain approval from the human resources department.   How Client Pays:   This is a variation of the "preferred list" nonsense.   Usually there's som...

What Client Says: The delay was too long from your referral to the hire.

Published: Aug 1, 2013 12:48 AM
By Jeffrey G. Allen  |  Viewed: 1754
Category: Expert Advice, Legal  |  Tags: Candidates, Clients, Search

How Client Pays:     The average delay from referral of a candidate to hire is 98 days.   You probably think it's 30 days.   I did when I was a recruiter.   But as an HR manag...

Let's say it's a two-part agreement. The first part is the initial payment (deposit) upon commencing the search. The amounts vary widely (from a nominal expense advance to half the projected contingency fee). The second part is usually the contingency-fee

Published: Dec 27, 2012 8:54 PM
By Anonymous  |  Viewed: 1531
Category: Expert Advice, Legal  |  Tags: Contingency, Placement, Retainer, Search

Let's say it's a two-part agreement. The first part is the initial payment (deposit) upon commencing the search. The amounts vary widely (from a nominal expense advance to half the projected contingen...

Since your fee schedule wasn't signed by us, we don't owe you anything.

Published: Dec 27, 2012 9:21 PM
By Jeffrey G. Allen  |  Viewed: 1598
Category: Expert Advice, Legal  |  Tags: Contingency, Placement, Sales, Law

Ve-r-r-ry fast, if you know the law! It's truly amazing how many employer lawyers attempt to use the ancient statute of frauds to shoehorn a contingency-fee arrangement into a contract that must be in...

Hurricane Sandy Whips up Wage and Hour Issues for Employers

Published: Nov 20, 2012 7:24 PM
By Anonymous  |  Viewed: 1541
Category: Legal  |  Tags: Law

In the wake of Hurricane Sandy and its devastating effects on workers and the business community, many employers are left wondering about their employee payroll obligations when natural disasters caus...

National Labor Relations Board - Challenging At-Will Employment

Published: Nov 5, 2012 6:39 PM
By Diane J. Geller  |  Viewed: 1731
Category: Expert Advice, Legal  |  Tags: Social Media, Law

The National Labor Relations Board (NLRB) which is the federal administrative agency that is tasked with the enforcement of the National Labor Relations Act continues to send clear signals to employer...

Clearing the Fee

Published: Nov 5, 2012 7:03 PM
By Jeffrey G. Allen  |  Viewed: 1710
Category: Expert Advice, Legal  |  Tags: Candidates, Clients, Hiring, Interviewing

What Client Says:   You didn't clear the fee with us before you told us the candidate's name.   How Client Pays:   Your greatest leverage exists at one point, and one point only. It's j...

Top Five Ways to Stay Out of Court

Published: Jun 27, 2012 6:31 PM
By John M. Polson  |  Viewed: 1867
Category: Expert Advice, Legal  |  Tags: Recruiting, Staffing, Clients, Hiring, Sales, Law

We live in the most litigious (i. e. , lawsuit happy) place on the planet. Employment litigation is rampant. While employment lawsuits in Federal court may be declining in some regions, state litigati...

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