Here is what I understand the situation to be and a review of what I offered in case you need it for your records. I am sending it because it appears to me that Ken Tarmac is an excellent candidate and there could be a good fit with CodeBlowers if the right position is identified/designed.1) Time stamps mean nothing from a legal perspective when a candidate is introduced to a company by more than one entity. An exception might be when all parties agree to this in advance. Even then these exceptions are challenged in our industry regularly.2) This is because courts nearly always rule in favor of the entity that set up the interview with the client.3) For these reasons as well as the description below of what occurred, SearchPartner will indemnify CodeBlowers from any costs beyond the normal contracted fee if Ken Tarmac is hired. If this situation were not clear and correct we’d not offer this.I believe Ken will echo this understanding in the event you find it necessary to involve him.I received Ken’s information from a trading partner and screened him for availability and interest and verified that he had not heard of CodeBlowers previously. I forwarded him to you on Thursday 11/1 without copying Sue Staffing because we lost at least two qualified candidates for this position due to previous delays. You replied in an email that day that you’d review Friday and advise.You let me know Friday 11/2 that you and VP Ops would like to have a conference call at 3pm EST Monday 11/5 which was one of the available times for Ken to interview as relayed in the original introduction. Friday afternoon around 5pm EDT I reached Ken to confirm the time for the interview.Ken has told me that sometime between that time and now the representative from the other company called to set the call with PM. He says that he thought her involvement had something to do with the process already going on with CodeBlowers and SearchPartner. I asked Ken how she’d have gotten his resume and he said she may have gotten it from clearancejobs.com. Since we learned of him through work he did with my trading partner previously and since he had not heard of CodeBlowers until I spoke with him it did not matter to me and I did not ask if his resume was otherwise available.My guess is the other company likely sent Ken’s information to Sue Staffing before speaking with Ken (one of the dangers of publicly posting a resume) and then contacted Ken after Sue requested a call with Veto.I hope this will leave CodeBlowers to comfortably pursue Ken for a Sr. Sales position without worries of difficulty on the back end. Also, I again, highly recommend CEO to be involved in the process early on. I think Ken can be much more than a sales rep but I think he can do that as well.Ironically, this exact same situation happened with the same recruiter who set the appointment at a different client of mine 19 months ago. We offered that client the same solution and the candidate is happily employed there today.Please let me know if you need further information.Sincerely,Dave.
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