I agree with LJ. This is standard contracting language to prevent the client from poaching you from the contract agency. Poorly worded, but standard. I've been on both sides of it for lots of years.
Rick On Aug 1, 2013 1:35 PM, "Tommy Morris" <tommy.mor...@radioshack.com> wrote: > You can always counter the NDA and send back your own wording for them to > agree to. I absolutely would not agree to pay the liquidation penalty (most > likely the recruiter's fee which is normally based upon the negotiated > salary) and then an addition 10k. All this recruiter would have to do is > "blast fax" your resume out and then he/ she has introduced you to every > company whether they are hiring or not. > I agree though that if something makes you uncomfortable then don't do it. > There are plenty of other agencies and opportunities out there. > > -----Original Message----- > From: Action Request System discussion list(ARSList) [mailto: > arslist@ARSLIST.ORG] On Behalf Of pritch > Sent: Thursday, August 01, 2013 3:20 PM > To: arslist@ARSLIST.ORG > Subject: Re: [EXTERNAL] Recruiters Odd NDA > > Ask him for a guaranteed signing bonus of say, oh I don't know, US Dollars > Ten Thousand? > > ----- Original Message ----- > From: "Natalie K Stroud" <nkst...@sandia.gov> > To: arslist@ARSLIST.ORG > Sent: Thursday, August 1, 2013 4:09:00 PM > Subject: Re: [EXTERNAL] Recruiters Odd NDA > > ** > > > Scott: > > > > I do see where the guy is coming from – he’s looking after his own > interests, and I can understand his wanting to do that. I can even imagine > a few experiences which may have prompted the writing of that particular > NDA. I think the problem is, he’s so busy looking after his own interests > that he doesn’t really think about how confining the arrangement being > proposed is for the people he’s claiming to serve by hooking them up with > prospective employers. I can’t imagine anyone except someone desperate > agreeing to that. While it can be helpful to work with recruiters, that > particular arrangement seems a bit too one-sided in his side’s favor to me. > > > > And if he’s pressuring you, on the one hand, I can appreciate that he’s > out hustling to try and find people, but on the other, he really does need > to leave things up to you. Letting people make their own decisions is > basic respect, and if he has a valid position with competitive wages to > offer, he shouldn’t need to pressure you – you’re either interested or > you’re not. So either he’s a basically decent guy who is simply trying too > hard or else he’s a not-so-decent sort with some other agenda motivating > him. > > > > Personally, I’d probably steer clear. I see enough yellow flags here that > working with “the Company” seems like a risk I’d prefer to avoid. > > > > Best of luck, > > > > Natalie Stroud > > SAIC @ Sandia National Laboratories > > ARS-ITSM Reporting Specialist > > Albuquerque, NM USA > > nkst...@sandia.gov > > ITSM 7.6.04 SP2 – Windows 2003 – SQL Server 2008 > > > > > > From: Action Request System discussion list(ARSList) [mailto: > arslist@ARSLIST.ORG] On Behalf Of Scott Hallenger > Sent: Thursday, August 01, 2013 1:08 PM > To: arslist@ARSLIST.ORG > Subject: [EXTERNAL] Recruiters Odd NDA > > > > ** > > I've been goig back and fourth with a recruiter on a position that is > totally remote. Mind you I have no hire letter, and have had no interview > thus far, and this all started today. I dont know this guy from adam. Below > is what he sends me in his NDA doc. Sorry but I refused to sign his doc > which he tried to pressure me into signing like a car salesman or > something. Did I over react? > > > > > > > > > 1. During the period when Name_Less , Inc. (the “Company”) is marketing > your skills and for > a period of 3 months thereafter, you shall not directly or indirectly > solicit the business of (or > otherwise deal in a manner adverse to the Company with) or provide any > software > engineering, consulting or programming services to any customer or > prospective customer of > the Company where you are introduced by the Company. Furthermore, during > the course of > Evaluatory interviews and other meetings that the Company organizes > between you and its > customers or prospective customers, you agree that you will not offer your > services directly or > indirectly to (or otherwise deal in a manner adverse to the Company with) > the Customers or > prospective customers of the Company. > > > > > > 2. In the event that you breach the provisions of this Agreement, you > agree to pay the > Company as liquidated damages and not as a penalty a further sum of US > Dollars Ten > Thousand. You acknowledge that liquidated damages in such amount is > reasonable under > the circumstances in light of the fact that significant damages and > expenses will be suffered or > incurred by the Company > > _ARSlist: "Where the Answers Are" and have been for 20 years_ _ARSlist: > "Where the Answers Are" and have been for 20 years_ > > > _______________________________________________________________________________ > UNSUBSCRIBE or access ARSlist Archives at www.arslist.org > "Where the Answers Are, and have been for 20 years" > > > _______________________________________________________________________________ > UNSUBSCRIBE or access ARSlist Archives at www.arslist.org > "Where the Answers Are, and have been for 20 years" > _______________________________________________________________________________ UNSUBSCRIBE or access ARSlist Archives at www.arslist.org "Where the Answers Are, and have been for 20 years"
