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LawTalk, Attorney
Category: Business Law
Satisfied Customers: 37818
Experience:  I have 25 years experience in the practice of law.
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I have an agreement with a company to allow me to submit

Customer Question

I have an agreement with a company to allow me to submit candidates for hire. I understand if I place someone there I can't recruit from that place. What I am now worried about is that because I signed on to be a vendor does this mean I can' recruit from there IF I have not placed anyone there? I was thinking the 'contract' to not soliciit would only be active if I placed someone?
Here is what the wording says: Search firm agrees to non directly solicit any current employees whiole under contract with X company and for 90 days following final payment of professional fee.
Thank you
Submitted: 11 months ago.
Category: Business Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

If you already entered into a vendor contract with another company and as part of that contract you agreed not to recruit from that company's employee pool, then regardless of whether you ever place an employee there you are still bound by the agreement not to recruit from that company.

So while you are under contract with them, and for 90 days after your last payment from them, you are obligated to abide by the agreement not to solicit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Customer: replied 11 months ago.
Thanks...I am not 100% comfortable. A couple things:
1. The document is called an Agreement. There is no mention of ' Contract' til this paragraph.#2 It's odd because when would 90 days start if there is never a check? Does that make sense?If I add a file I'm assuming it is 100% confidential?
Expert:  LawTalk replied 11 months ago.


If it is in writing and sets out the agreement between the 2 of you regarding your providing the company with recruits and a no-solicitation clause---that is legally a written contract---even if it is referred to as an agreement.

The agreement states not just the 90 day period but while the contract is in effect. If you want to terminate the contract before you make a referral, then you may do so.

If you want me to review a file, I will need to charge a premium service charge and if you want it not to be seen on the internet, then I will need to advise you how to send it to me. What is posted on this thread is not confrontational.

Let me known of you want a document reviewed.


Customer: replied 11 months ago.
Ok..I guess I need to understand better what I'm getting into. One final question regarding this. Can I write a letter asking to get out of the agreement?
Expert:  LawTalk replied 11 months ago.

Good morning,

Of course, you certainly have the right to approach the company and seek the termination of the contract, and they may agree given that you have not placed an employee with them yet and they have incurred no expenses yet related to the agreement.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,


Expert:  LawTalk replied 11 months ago.


Is there anything else I can assist you with today?