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I have started an IT company recently and for now, focusing placement services.
When I submit resumes
Anonymous8 views6 answers
(they are not really yet my employees) to vendors who send them to their end clients, how do
I ensure they don't steal away the candidates I submit?
I recently lost a candidate (that I submitted) when the vendor offered him a better rate.
This is not a rare circumstance. Contracts often contain provisions regarding "non-solicitation" [of employees)(which is not to be confused with an unenforceable provision for non-competition.)
This is exactly why every business owner needs a business attorney. Really. Really truly. This enables you to foresee (and forestall) problems.--and have GOOD contracts.
As Attorney Doland noted, this type of issue comes up with some frequency.
Depending on the context, the relevant business requires a non-solicitation or a non-circumvention provision in its agreements.
You need to retain an experienced business lawyer to help you address this issue (and others) in your placement agreements.
It appears that you are missing several legal documents. You should have contracts for the front end and the back end. Here you're just screwing yourself without protection.
Employing solid Contracts in your business is a very necessary step for you. A CA attorney can help draft these for you - while it will cost money it will protect you greatly in the future. You should expect to continue encountering such issues until you better arm yourself.
When setting up your business, you should make sure you have solid contracts in place. I understand starting a business costs a lot of money and funds are tight at the beginning, but it would be a wise move for you to spend a bit to protect your interests with good contracts. Otherwise, you could set up a business and then see your assets go out the back door either through lost employees/independent contractors or through legal fees in contract disputes over vague or poorly drafted contracts. Think of it as an investment in your business!
