Procuring Cause

I am currently in a situation - or probably will be - that while I was on a search for a candidate, I ran across another candidate that would be a perfect match for a company I currently have a contract with. I hate the "portal" submission system companies are using these days but this position wasn't opened to me yet - still waiting approval after 5 weeks. The candidate said some recruiter submitted his resume about 3 weeks ago but he never heard from anyone again. I decided to get ambitious and forward the resume to the VP and other "decision makers" within the company to get some action. I have a feeling they are going to give me the old "he was already submitted line" and cut me out. If no action is taken then the subject is moot but if they now approach this guy after my efforts I am wondering if I can go after them on "procuring cause" of the hire (I have this mentioned in my fee agreement which they signed). My candidate will also stick up for me. The other firm may have a different fee agreement mentioning first submission gets the fee but my agreement says "procuring cause" gets the fee. Interesting conflict. Any thoughts? By the way, they just now opened up the position to me through the portal and I also submitted through there as well.

Regards, Chris

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Permalink Reply by Sandra McCartt on November 30, 2011 at 3:55pm

Chris,

If you were able to submit through the portal i would think that you would have the referral. Most of the portals will not let you submit a candidate that is already in their database. You would get a message that they already have the candidate. Sounds to me like the other recruiter may not have had the portal open for them to submit the candidate yet either at the time they told the candidate they had submitted him. Recruiters will lie to candidates you know :)

Don't think it much matters what we say in our agreements as the guy who signs the check normally gets to decide who gets paid. Since the VP seems to not have seen the candidate you may be ok if they move forward but at this point you don't have a problem so don't worry about it until it happens or you will waste a lot of worry time. :)

Most companies will not accept or sign different referral agreements from different recruiters as most have their own policy about how and when they honor referrals from recruiters. Find out what the company policy is and ask if their referral portal will accept a candidate you submit if the candidate is already on file.

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Permalink Reply by Chris Hofstetter on November 30, 2011 at 4:14pm

Sandra,

I am hoping the portal is set up that way because I submitted the resume through the portal a couple of hours ago and still no rejection although one of the engineering directors I submitted the resume directly to that was trying to get the resume to the appropriate VP ccd HR and she (assistant in HR that has been there 3 months, HR Director is brand new) emailed him back saying they already received the resume through another vendor. She hasn't contacted me yet. She may be to afraid to because of a conflict and she is new to this but I will wait and see. Thanks for your input.

Regards, Chris

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Permalink Reply by Sandra McCartt on November 30, 2011 at 4:36pm

Opps, i think you may be toast. If the VP is interested and goes back to HR which he should and is told they have the candidate from the other recruiter you may have just made a placement for the other recruiter. It is strange however that the portal took it. They may have emailed direct to HR but methinks i would try and place this candidate someplace else rather than fight that battle since HR has already made the call.

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Permalink Reply by Chris Hofstetter on November 30, 2011 at 4:40pm

That is what I am thinking. 35k fee potentially down the drain. I am going to call the portal company this company uses and see how there system works.

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Permalink Reply by Sandra McCartt on November 30, 2011 at 4:43pm

Ouch. Find another candidate fast. If they have had this one for three weeks and nothing i would jump on another one or two and find a better one.

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Permalink Reply by Chris Hofstetter on November 30, 2011 at 4:44pm

I just called the jobvite portal company and they said that since my resume got through their system I was the first person to submit through their system. I can use this as an argument that I am following company protocol as well as introducing the candidate to the VP before the other firm did. Let the battle begin.

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Permalink Reply by Shari Burke on December 1, 2011 at 1:04pm

I think you finally are getting the cards stacked in your favor. There should be no more question as to who submitted this person properly and first. Good Luck!!! No one wants to wash 35K!!