Note: Over the years, Jeff Allen has answered hundreds of placement law questions from recruiters, owners and others. One that comes up regularly is about the “but for” argument when a fee is in question. This Q&A is a classic, but it is so important an issue that we’re republishing it here. If you have a legal question, email Jeff Allen directly. We only publish questions with permission.
Jeff I really enjoy your column and I am learning a great deal about the in?s and out?s of the recruiting world. You are an invaluable asset for me!
Here is my situation: a recruiter sent a candidate’s resume to my client back in December. My client did not move on her (this was 2 1/2-3 months ago). She subsequently took another job. I called her not knowing that she had already been presented to my client . She is willing to talk about leaving the job she has only been at for a couple of months, and my client is now interested in talking to her. She did not interview with my client back when the other recruiter presented her, and she would not be talking with my client but for my efforts in tracking her down and convincing her to leave her current job.
Q: Does the fact that she took this other job in the interim negate the first recruiter’s claim?