Interesting Candidate Replacement Situation

Hi Everyone! I'm a contingency recruiter and recently had a fallout. Normally this would be no problem and we could easily replace an engineer. Unfortunately I've run into a very unique situation and I'm hoping the community has had experience with this.

The company can take between 2-7 days for a response and reschedules between 2-4 times for each candidate. Sometimes the interview is missed and I find out after the fact. Needless to say, it's almost impossible to get this company a replacement.

The unique situation I'm in is that the company refused to sign a contract and when the original candidate was signed, they paid us in 40 days. We want to do good by the company, continue making placements, and are working to get a contract in place. They are now asking for a contract with a money back guarantee (not happening) in addition to a replacement clause. I'm trying to figure out some sort of wording to ensure that we are not held liable for a replacement when the issue is the client who is dropping the ball.

Have you ever had client requirements for activity (must review/interview in 3 days, etc) in a contract for problem clients?

Thanks!

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Permalink Reply by Amber on November 4, 2015 at 11:56am

Based on what you are describing thus far, I would seriously consider if this truly a "good" client relationship to pursue.

This is what we put in for replacement clause (never money back):

ABC Company offers a xx day guarantee for all fees paid as a result of a hire by the Employer/Client Company. If the employer/employee terminates employment during the first xx days from the first day of employment for just cause,ABC Company will guarantee to provide our best effort in recruiting and replacing the employee/hiree with all due diligence. Just cause for termination shall be defined as inability to perform the duties of the job as outlined by the Employer, unsatisfactory work habits, or unsatisfactory attendance. Employer must notify ABC Company within 5 days of the event in writing.

You can also include verbiage similar to this - with any details added as you think - to TRY and address the clients behavior:

You give us your full cooperation. This includes making your principals and other personnel available for telephone conferences or candidate interviews when scheduled. This also includes providing information on everything you expect a successful candidate to have in the way of experience and qualifications, along with a full job description, including pay and benefits, completely and accurately enough to complete the search by the date we have targeted as the successful candidate’s first day of work.