Help ------- Regarding Solicitation of my Candidate by my Vendor.

Help ------- Regarding Solicitation of my Candidate.

First of all I would like to thank you for taking your time out inspite of your hectic schedule.

I have placed a candidate on contingency basis to a client through a vendor. After working for 8 months the consultant went ahead and joined the vendor directly and still he works at the same client.
Consultant says the project which he got through me was over and this was a new project., the Vendor says that they can't help us as he found the project on his own.

I don't have any Non-Solicitation/Non-Compete agreement from the Consultant and the Vendor. The consultant and vendor tried to cut me in the intial first three months itself, but somehow I threatened them that I will file a law suit as well I agreed for the rate increase to the candidate, he stayed with me for five more months.
During that course, I tried to get a Non/Solicitation/Non-compete agreement, but they never signed it as well the vendor never replied my e-mails.

The consultant worked with me till December'2007. I want to forget this & go ahead, but day in & day out it bother's me.

There is a chance the project may go for one to two years.

I would like to know whether is it worth(time & money) to pursue the case against both of them without the agreement.

I appreciate your help & expertise in this regard.

Thanks,
Gopi.

Comment by Jim Durbin on May 6, 2008 at 3:49pm: Gopi - it's never worth it to chase after bad money. You'll only collect 30-50% of what you could prove, and since you didn't have a contract, there's not much you can do.

Use it as a learning lesson, and make sure your contracts going forward are clear about when they can take your consultant and when they can't. Btw - it's important to get the client to do so, as it rarely is worth it sue the candidate. With the client, you can make it so if they take your candidate, you invoice them for the fee.

Contracts after the fact don't get signed - and you're losing more worrying about it than going out and chasing new business.

On the plus side, this former client is now a target for recruiting, and the candidate should be on the Do Not Use list.

Comment by Regina Farr on May 6, 2008 at 4:07pm: I completely agree with Jim's thoughts; Chalk it up to a lessen learned and neither the candidate nor the client should be used again.