Dale,

You make some good points. 

All I can say is Scott, good luck.

Hbr

-----Original Message-----
From: Action Request System discussion list(ARSList) 
[mailto:[email protected]] On Behalf Of Dale Hurtt
Sent: Thursday, August 01, 2013 8:28 PM
To: [email protected]
Subject: Re: Recruiters Odd NDA

> Scott Hallenger wrote:
>
> I've been goig back and fourth with a recruiter on a position that is 
> totally remote. <snip>

Yes, I have seen this sort of "non-compete" agreement before, but I think this 
is the first I have seen where they specify the damages.

> Did I over react?

Does it matter what we think? In the end you have to assess what it is about 
the document that bothers you enough that you will not sign it (and thus will 
not get the chance at the job … at least through this recruiter).

If I were being asked to sign the document, I would amend it in the following 
ways:

1. The specific company you will be interviewing with must be stated in the 
letter. I know they will get paranoid about letting you know the name but you 
can counter that in two ways:

  a. Knowing the name of the company does not tell you which 
Division/Department/Branch/whatever needs the work done, nor does it tell you 
the contact information of the hiring manager.

  b. You need to protect yourself, to ensure that ANOTHER recruiter does not 
also claim to "introduce" you to the same company, putting you in double 
jeopardy.

2. Limit the recruitment on your behalf to just this one opportunity. If he 
really has an opportunity…

3. Spell out that "introduction" means that you obtain an interview. The 
recruiter sending your resume to someone does not count, as that is a one-way 
introduction.

4. Cut the penalty down to $1,000, unless he is willing to spell out exactly 
how the damages are "significant". Put another way, he has to prove, either in 
writing before the fact, or in court after the fact, that the damages and 
expenses are material.

5. Cut the time down to one month after the last interview date. No one looking 
to hire is going to wait more than one month for you to come on board, so why 
should you be on the hook longer?

I love the stuff people put in contracts and agreements. You probably took him 
aback by actually reading it! Good for you.

Dale Hurtt

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