in reply to Headhunters and exclusivity clauses

I don't have problems with agencies that make an arrangement with the company that you'll work at. Pay agency X amount if you're hired during this time period. (Usually a sliding scale. The sooner you're hired, the more money the agency gets.)

My current agency works on a six month time limit where the company can't hire me as an employee during that time. After that, no problem on the legal front.

I've also seen the non-disclosure contracts getting weird at times. I was supposed to sign one while I was an employee of one firm that said they could examine anything I did for two years after I quit. That I crossed out along with other non-legal items before signing. I think I left an illegal one in that was non-applicable just as insurance if I missed something else.

Bottom line: Agencies and companies will do as much as they can get away with. Fight them on the unfair parts, which it sounds like you do.

Update: Due to Blue's comments. The NDA that they had wanted me to sign was also a "Sign or leave document" After hammering at it for 10 months they finally came out with one I would sign. Though at the time I was in a fairly critical position so I knew I couldn't get fired without them losing half of their business. Plus I had a manager that whenever the president would ask him "How long would it take a new college grad to get up to Mark's level?", my manager would say four years. I never peed in a cup for them either.

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Re: Re: Headhunters and exclusivity clauses
by PsychoSpunk (Hermit) on Jan 06, 2001 at 04:15 UTC
    lemming brings up a good point here:

    I never peed in a cup for them either.

    I'm willing to bet that most people swayed by the biting "documentary" stories they see on Dateline, and other hard-hitting news programs, would immediately say, "This person refuses to submit to a piss test, so he must be doing drugs." That's disturbing that most "mainstream Americans" would accept this form of intrusion (any type of drug testing) without flinching. So, I figured I would just say thanks to lemming for "stickin' it to da man". :)

    As an aside, it'd be interesting to see variations of this in a poll. I'm wondering if it's truly an extension of the community's support of privacy or if it's a necessary extension for fear of being caught. Furthermore, does recreational use (if applicable) affect your ability to work?

    ALL HAIL BRAK!!!

      At one company I used to work for, there was an unwritten policy of not doing drug tests, since we would have lost a great amount of our creative talent...

        Someone who works for a company that's thinking of hiring an American joked: "We have random drug tests too. They blindfold us, give us a pill, and half an hour later they ask us what it was."

        Not exactly how things work here, but I haven't heard of the other kind of drug tests either. I think it would be quite an invasion of privacy.

      Yeah, for what it worth (and, market willing, I'm worth a reasonable amount); I'll never pee in a cup for anybody. If they've got a question about my 'past life' (hey, I'm married w/ a child, those days are, alas, alack and its not so bad, over) or my "usage" ask me, but no amount of cash'll get a sample out of me.

      Or so I say I now, the 'w' future may be different ;->.

      a

Re: Re: Headhunters and exclusivity clauses
by extremely (Priest) on Jan 06, 2001 at 08:20 UTC
    I think I left an illegal one in that was non-applicable just as insurance if I missed something else.

    If you did that, you wasted your time. One bad clause doesn't void a whole contract. And just to make sure, most boilerplate includes a clause that says something like, "... and if a clause is found to be invalid, that portion will be struck without voiding the rest of this document..." only in much deeper lawyerese.

    Now the last place I worked was hyper-active about such things but when they got bought and then re-merged our old employee contracts and agreement were voided and the new ones were much less intrusive since they knew no one would work under those old nasty NDAs and Non-competes. They knew that because people in CA and NY and TX had started making the non-existence of those documents a requirement of their employment. I actually saw a Non-non-compete one guy had. =) Warmed my heart. Later, before they ever made us sign anything, they fired me and paid me extra to not come back or talk to anyone there about what I did or consult for them for a whole year. I told the boss that fired us all, "pay me a bit more and I'll never talk to you again, promise!"

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