Replies are closed for this discussion.
Excuse me Bill - but if you consider honoring your written agreement as some sort of "path of least resistance" I'm going to disagree.
My word is solid. If I've agreed to something I stand behind it. While I would certainly suggest a replacement scenario - that was not the question here. It was "do I give back the fee" which in this case includes a written agreement stating just that.
As far as great recruiters going on the offensive - that point is lost on me. "Great" recruiters know when to chalk one up to the "lessons learned" category and move on. Demanding transparency and partnership with a client who has clearly been dishonest during the process isn't the direction I would take.
Jerry (Not an expert)
Dear Mr. Ward and anyone else who believes that siging a contract then looking for a way around it is good business.
I am an" expert" at one thing and one thing only. Doing what "I" said i would do no matter what the other party did or did not do. I can not control what someone else does only what i do. This contract is clear cut that there are no contingencies to not make a refund based on anything other than reduction in workforce. Period, paragraph. There is nothing in the contract that says that the company has to disclose it's dirty laundry or a fee will not be refunded if an employee leaves. Be real. Sure you can go to an attorney, spend some serious money, make a lot of noise and then be told that it's a simple contract. You can call someone higher up the ladder and try to justify why you should not honor your contract. I would suggest that would immediately elicit a demand letter from the company attorney with a copy of the contract that was signed attached.
If you feel that it is "laying down and dying" to honor a contract that you have signed let me assure you that i would lie down and die before i would not honor a contract that i agreed to. Only a snake would look for a way to slither out of something this clear cut. Which is part of the reason for the reputation of our industry.
I am not in the employee retention business either. I am a recruiter. My job is to research, recruit, screen, introduce, negotiate and facilitate my client being able to hire the person they feel is the best for their position. I do not make hiring decisions and I do not refund fees. I give a 90 day replacement guarantee if the employee leaves for any reason other than general lay off or closing othe business. If i am unable to replace i issue a trade credit to my client that may be used at anytime in the future on any fee in any department. In my over 30 years as a recruiter i have had one company who insisted that they would have to have a refund if the candidate left within 90 days. I declined to recruit for them. Just like the pastor who married you and your wife..i can not guarantee that you will be married this time next year or next month. Just like the attorney who represents you in court..i can not guarantee that you will win. Just like the accountant who does your accounting work..i can not guarantee that you will not have to pay the IRS or that if you do not provide me with full information you will not be audited and have to pay a penalty and interest. Your pastor, your attorney, your accountant or your doctor do not refund professional fees that you pay them for the the work they do for you. I can only guarantee you that you will have the benefit of my expertise as a professional recruiter. Because we deal with people both candidates and company employees, we often have situations that arise that none of us can foresee so to be sure that my client gets what they pay for i will replace at no additional charge and offer the same 90 day guarantee on the replacement. If i have to fill it four times to get it past the 90 day guarantee period i will do it.
In my opinion the "used car salesman" here is the guy who says.."Well i know what i told you and i know what i signed but see you didn't tell me you were going to put a goat in the backseat or drive it out of town so i am not going to honor what i said i would do.
It is however very revealing when conversation starts about honoring a contract and should be noted as to who thinks there is a way around some pretty simple language. The question then becomes, would anyone do a split with someone who takes the approach that honoring a contract is lying down and dying. Not this "expert", thank you very much!