Personally, I would responds with my own contractual clause, such as...
1) During the period for which the Company markets ENTERNAMEHERE's ("My",
"Myself", "Me") skills, the Company shall perform no action that, in My
opinion, reflects poorly upon My character or professionalism. Furthermore,
the Company shall not market My skills nor introduce Me to a Customer without
written approval from Myself.
2) The Company shall not provide any written documentation to any Customer
concerning Myself that contains spelling, grammar, or mathematical errors.
3) The Company agrees to pay Me an hourly stipend ("Stipend") of $125 for each
Evaluatory interview. The Stipend begins when I leave My home and ends upon My
return to said home. The Stipend shall be remitted to Me within 14 days of
said Evaluatory interview. The Company agrees to reimburse within 60 days any
Evalutory interview related travel expenses.
4) In the event the Company breaches the provisions of this Agreement, the
Company agrees to pay Me, as liquidated damages and not as a penalty, a further
sum of US Dollars One Hundred Thousand. The Company acknowledges that
liquidated damages in such amount is reasonable under the circumstances in
light of the fact that significant damages and expenses will be suffered or
incurred by Me.
Just my 3 cents - I have to operate at 150% to keep up :D
Jim
-----Original Message-----
From: Action Request System discussion list(ARSList)
[mailto:arslist@ARSLIST.ORG] On Behalf Of Stroud, Natalie K
Sent: Thursday, August 01, 2013 4:09 PM
To: arslist@ARSLIST.ORG
Subject: Re: [EXTERNAL] Recruiters Odd NDA
**
Scott:
I do see where the guy is coming from – he’s looking after his own interests,
and I can understand his wanting to do that. I can even imagine a few
experiences which may have prompted the writing of that particular NDA. I
think the problem is, he’s so busy looking after his own interests that he
doesn’t really think about how confining the arrangement being proposed is for
the people he’s claiming to serve by hooking them up with prospective
employers. I can’t imagine anyone except someone desperate agreeing to that.
While it can be helpful to work with recruiters, that particular arrangement
seems a bit too one-sided in his side’s favor to me.
And if he’s pressuring you, on the one hand, I can appreciate that he’s out
hustling to try and find people, but on the other, he really does need to leave
things up to you. Letting people make their own decisions is basic respect,
and if he has a valid position with competitive wages to offer, he shouldn’t
need to pressure you – you’re either interested or you’re not. So either he’s
a basically decent guy who is simply trying too hard or else he’s a
not-so-decent sort with some other agenda motivating him.
Personally, I’d probably steer clear. I see enough yellow flags here that
working with “the Company” seems like a risk I’d prefer to avoid.
Best of luck,
Natalie Stroud
SAIC @ Sandia National Laboratories
ARS-ITSM Reporting Specialist
Albuquerque, NM USA
nkst...@sandia.gov
ITSM 7.6.04 SP2 – Windows 2003 – SQL Server 2008
From: Action Request System discussion list(ARSList)
[mailto:arslist@ARSLIST.ORG] On Behalf Of Scott Hallenger
Sent: Thursday, August 01, 2013 1:08 PM
To: arslist@ARSLIST.ORG
Subject: [EXTERNAL] Recruiters Odd NDA
**
I've been goig back and fourth with a recruiter on a position that is totally
remote. Mind you I have no hire letter, and have had no interview thus far, and
this all started today. I dont know this guy from adam. Below is what he sends
me in his NDA doc. Sorry but I refused to sign his doc which he tried to
pressure me into signing like a car salesman or something. Did I over react?
1. During the period when Name_Less, Inc. (the “Company”) is marketing your
skills and for a period of 3 months thereafter, you shall not directly or
indirectly solicit the business of (or otherwise deal in a manner adverse to
the Company with) or provide any software engineering, consulting or
programming services to any customer or prospective customer of the Company
where you are introduced by the Company. Furthermore, during the course of
Evaluatory interviews and other meetings that the Company organizes between you
and its customers or prospective customers, you agree that you will not offer
your services directly or indirectly to (or otherwise deal in a manner adverse
to the Company with) the Customers or prospective customers of the Company.
2. In the event that you breach the provisions of this Agreement, you agree to
pay the Company as liquidated damages and not as a penalty a further sum of US
Dollars Ten Thousand. You acknowledge that liquidated damages in such amount is
reasonable under the circumstances in light of the fact that significant
damages and expenses will be suffered or incurred by the Company
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