MagicMethod Phone Sourcing (Legalities) Classroom Chat Tues, 8/26/08

Best Remark of the Day "I think there is a big difference between getting trade secrets and getting the names and titles of the people involved with the company." ~ Ryan Haire
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Art Pitcher
Maureen - I was sued in 1999.

Maureen
For what Art?

Art Pitcher
Harassment with the intent to obstruct revenue

Maureen
How did that work out for you?

Art Pitcher
They ended up paying my legal fees in the counter suit

Maureen
"Harassment with the intent to obstruct revenue" That musta’ took some thinkin' wink

Paul Davenport
What was the 'gist of the countersuit Art?

Eric Haber
I'm just saying "if" it {sourcing] became illegal would you stop, not sure if it matters who got the law on the books

Art Pitcher
My attorney set up a libel suit, which was shot down, but the request that they pay all legal fees was upheld

Maureen Eric
I think a rational person would stop - don't you?

Art Pitcher
But this was all in Civil court

Maureen
It would be a very sad day in America if that ever happened... (sourcing deemed illegal)

Art Pitcher
They were unable to demonstrate that I acted "maliciously"

Eric Haber
Maureen, yes but until I found that article I was not sure if what "we" do was legal or not,

Eric Haber
Art, I agree

Paul Davenport
Thanks Art - In order to prove a malicious attack, it has to be shown that the recruiting party was deliberately attempting to hurt the competitors business.

Maureen
"They" want us to doubt ourselves Eric - the "they" who would like things to run as smoothly (for themselves) as possible... Basically – those who see what we do as threatening to their continued prosperity - in other words they would like to see LESS competition NOT MORE Anyone dare to disagree w/ me? wink

Art Pitcher P
ersonally, I generally accept a request to stop sourcing if it comes from a manager, HR or whatever.

Shawn Draisey
duty calls see you all Thursday great group maureen

Maureen
What did it cost them Art?

Art Pitcher
Eric - if you have to break the law to be in business, you're a criminal.

Paul Davenport
Art - what was the ruling for grounds of dismissal?

Art Pitcher
Slightly over $6k

Art Pitcher
Many companies seem to have overcome their self-imposed ethical limitations in these times - and even employ their own sourcers

Art Pitcher
As long as I have some place else to go for the talent.

Art Pitcher
I don't want to hurt anyone, really - but this is what I do for a living. And when I first entered recruiting, a lot of time we would be told by the client: We want mr. xxxxx at xyz company. And I would go get hem.

Art Pitcher
Maureen - I agree with you completely.

Maureen
This has been an amazing (and rare) frank discussion on the subject and I thank all of you for it.

Read the whole chat log here.

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