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  1. #1
    Join Date
    Apr 2018
    Posts
    3

    Recruiter attached terms legally binding?

    Hi,

    I get contacted by recruiters regularly when they see the public job openings at my company.

    Now the following happened:

    Never asked the recruiter to work for me
    Recruiter sends CV's with terms anyway
    I responded with feedback and questions on some of the CV's
    Hired someone I gave feedback on, directly without the recruiter
    Recruiter is now demanding payment and wants to take the case to court
    I was always under the impression that giving feedback and asking questions about a CV would not count as having a binding contract with the recruiter. As in the first place I never wanted to work with the recruiter.

    Am I wrong about this? What are the chances of the recruiter winning the case? Any experience on this to share?

    Thank you in advance!

    J.


  2. #2
    Join Date
    Aug 2016
    Location
    Incredulous disbelief
    Posts
    2,761
    Quote Originally Posted by jpeeters View Post
    Hi,

    I get contacted by recruiters regularly when they see the public job openings at my company.

    Now the following happened:

    Never asked the recruiter to work for me
    Recruiter sends CV's with terms anyway
    I responded with feedback and questions on some of the CV's
    Hired someone I gave feedback on, directly without the recruiter
    Recruiter is now demanding payment and wants to take the case to court
    I was always under the impression that giving feedback and asking questions about a CV would not count as having a binding contract with the recruiter. As in the first place I never wanted to work with the recruiter.

    Am I wrong about this? What are the chances of the recruiter winning the case? Any experience on this to share?

    Thank you in advance!

    J.
    I have a feeling you're not in the US ... if you're not, then we can't really help you.


  3. #3
    Join Date
    Apr 2018
    Posts
    3
    Yes, I'm in the US.


  4. #4
    Join Date
    Aug 2016
    Location
    Incredulous disbelief
    Posts
    2,761
    Quote Originally Posted by jpeeters View Post
    Yes, I'm in the US.
    Okay great, thank you for telling us. We need to know your state though, too.


  5. #5
    Join Date
    Apr 2018
    Posts
    3
    Oh sorry. California.


  6. #6
    Join Date
    Mar 2005
    Location
    Lake Chapala
    Posts
    6,081
    If the recruiter sues you for hiring a person whose resume the recruiter sent you with terms attached (!!!), and after discussing said resume with the recruiter (!!!), it is likely the recruiter will win the lawsuit.

    This is why I always say at the bottom of my job ads something to the effect that we are not using third-party resources to assist with this recruit, and why I never open resumes sent to me by recruiters.


  7. #7
    Join Date
    Aug 2015
    Location
    Phoenix, AZ
    Posts
    4,547
    Quote Originally Posted by jpeeters View Post


    Am I wrong about this?
    Yes.

    For one thing, you don't have to sign a contract to have a contract.

    And you got the lead from the recruiter which you wouldn't have had without the recruiter providing it.

    Quote Originally Posted by jpeeters View Post

    What are the chances of the recruiter winning the case?
    I agree with eerelations.

    Odds are in favor of the recruiter.


  8. #8
    Join Date
    Jun 2017
    Posts
    2,278
    not that my view counts...but I agree that odds greatly favor the recruiter if in any way the recruiter provided the link or introduction ..no matter how remote ....


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