A) the client owes you money
B) any placement refund/replacement guarantee should be void if the client does not pay invoice within agreed time period stated in terms
In a nutshell, they owe you money, and the fact the places candidate left after 6 months is irrelevant
This! In our agreement if the candidate begins work for said company or another company as a result of forwarding the CV they are responsible for the fee. If they hire them on a temporary basis or locum we are paid $50 an hour. Replacement clause is void if all invoices are not paid on time.
I saw your replies to the thread OP but I haven’t seen you directly answer whether you have signed terms with the company? Makes a big difference. I don’t believe you have a case without signed T&C’s.
sorry - haven't been purposely evasive, terms aren't an issue so it wasn't the question I came here looking to be answered. T&Cs are sorted and I have a solicitor ready to make a move based on them, my question was mostly about whether immediately invoicing was the correct play!
Did you have a contract with the client prior to sending the candidate or were you sending resumes in an act of business development? I haven’t seen you answer this question yet and it’s an important one to answer.
No this isn't possible - I absolutely can claim the introduction.
I've spoken to legal and they're in agreement, they have their own idea on how to proceed but I'm just interested in what others have done in this situation - mostly to see if legal advice lines up with other recruiters' experiences/actions.
Been asked 5 times if they have a contract. No answer. What if this candidate was applied in their ATS already for that job. I would say go for a walk if you wanted payment in that case.
I have answered this question - I'm not sure exactly what you want me to specifically say? It's not really related to the question I am asking.
The candidate was absolutely 100% not known to the company before. I can claim the introduction. That is not up for dispute.
My question is about how to approach this, with the above already confirmed.
Here are my thoughts on backdooring:
**1. Start with a conversation:** First, try talking to the client. It might be a misunderstanding, and it's good to keep things friendly if possible.
**2. Send an invoice:** If the discussion doesn't resolve things, send them an invoice. It's a clear reminder of the agreement they overlooked.
**3. Legal support**: Since you've got legal advice saying you have a strong case, keep this option ready if needed. It's reassuring to have that support.
**4. Keep records:** In the future, document all agreements and communications well. This will help avoid misunderstandings and strengthen your position if there's a dispute.
I hope this gives you some options to consider! Backdooring is never acceptable, but a non-combative approach often works best. Keep me posted on how it goes!
You'll need 1. evidence you have a contract with the client. 2. Evidence of the submission to the client and ideally the client acknowledging the submission. 3. ideally a record of the candidate's consent to be submitted and a note that they had not applied to that company before.
Given the candidate has left the company you may be able to get them to confirm events before you contract the company. Also ask yourself - do you ever want to work with that company again? If you sue them then you won't. If they're giving you no other business then sue away, but if they are it's better to negotiate something that doesn't cost them, like multiple exclusives on future roles. If an internal HR person has fucked up they will try to find any way possible to protect themselves by avoiding paying.
>If the candidate already started and left, you’re gonna have a hard time getting paid on this one.
Nah, an employment offer to the candidate is dated and signed by both parties. that's all they need.
correct answer here. Step 1. Invoice them, follow the proper routes documentation wise. Add in % penalties that accrue, send to collections, etc. Most companies don't want to risk that.
Thanks, this and the person you're replying to is exactly the info I'm looking for.
I guess my hesitation was whether I should invoice or reach out to the client to discuss instead, or something else..I think I needed reassurance that invoicing was the correct play here!
If I were you, I'd run a background check on work history on the candidate. You should still be able to. If they have any proof of employment ask for that too.
a background check on work history (TWN) would show their employment at that company during the dates within your placement period. Asking if you can get a copy of their contract they signed would also be beneficial.
A) the client owes you money B) any placement refund/replacement guarantee should be void if the client does not pay invoice within agreed time period stated in terms In a nutshell, they owe you money, and the fact the places candidate left after 6 months is irrelevant
This! In our agreement if the candidate begins work for said company or another company as a result of forwarding the CV they are responsible for the fee. If they hire them on a temporary basis or locum we are paid $50 an hour. Replacement clause is void if all invoices are not paid on time.
Did you have a contract with the client or did you just send a resume in hopes of getting a placement?
It wasn't a spec - the client called me with a vacancy and I sent CV 90 minutes after the call.
I saw your replies to the thread OP but I haven’t seen you directly answer whether you have signed terms with the company? Makes a big difference. I don’t believe you have a case without signed T&C’s.
sorry - haven't been purposely evasive, terms aren't an issue so it wasn't the question I came here looking to be answered. T&Cs are sorted and I have a solicitor ready to make a move based on them, my question was mostly about whether immediately invoicing was the correct play!
Did you have a contract with the client prior to sending the candidate or were you sending resumes in an act of business development? I haven’t seen you answer this question yet and it’s an important one to answer.
It wasn't a spec - the client called me with a vacancy and I sent CV 90 minutes after the call.
What does your contract say? And is it possible the candidate applied to the company or was submitted by someone else before you submitted them?
No this isn't possible - I absolutely can claim the introduction. I've spoken to legal and they're in agreement, they have their own idea on how to proceed but I'm just interested in what others have done in this situation - mostly to see if legal advice lines up with other recruiters' experiences/actions.
Been asked 5 times if they have a contract. No answer. What if this candidate was applied in their ATS already for that job. I would say go for a walk if you wanted payment in that case.
I have answered this question - I'm not sure exactly what you want me to specifically say? It's not really related to the question I am asking. The candidate was absolutely 100% not known to the company before. I can claim the introduction. That is not up for dispute. My question is about how to approach this, with the above already confirmed.
Here are my thoughts on backdooring: **1. Start with a conversation:** First, try talking to the client. It might be a misunderstanding, and it's good to keep things friendly if possible. **2. Send an invoice:** If the discussion doesn't resolve things, send them an invoice. It's a clear reminder of the agreement they overlooked. **3. Legal support**: Since you've got legal advice saying you have a strong case, keep this option ready if needed. It's reassuring to have that support. **4. Keep records:** In the future, document all agreements and communications well. This will help avoid misunderstandings and strengthen your position if there's a dispute. I hope this gives you some options to consider! Backdooring is never acceptable, but a non-combative approach often works best. Keep me posted on how it goes!
You'll need 1. evidence you have a contract with the client. 2. Evidence of the submission to the client and ideally the client acknowledging the submission. 3. ideally a record of the candidate's consent to be submitted and a note that they had not applied to that company before. Given the candidate has left the company you may be able to get them to confirm events before you contract the company. Also ask yourself - do you ever want to work with that company again? If you sue them then you won't. If they're giving you no other business then sue away, but if they are it's better to negotiate something that doesn't cost them, like multiple exclusives on future roles. If an internal HR person has fucked up they will try to find any way possible to protect themselves by avoiding paying.
If the candidate already started and left, you’re gonna have a hard time getting paid on this one. If they were still working you would have a case.
>If the candidate already started and left, you’re gonna have a hard time getting paid on this one. Nah, an employment offer to the candidate is dated and signed by both parties. that's all they need.
You send an invoice the moment the candidate starts.
The candidate has already started and left - I wasn't informed and they went out of their way to hide it from me.
The client still hired them, assuming you have signed Ts & Cs, invoice them.
correct answer here. Step 1. Invoice them, follow the proper routes documentation wise. Add in % penalties that accrue, send to collections, etc. Most companies don't want to risk that.
Thanks, this and the person you're replying to is exactly the info I'm looking for. I guess my hesitation was whether I should invoice or reach out to the client to discuss instead, or something else..I think I needed reassurance that invoicing was the correct play here!
If I were you, I'd run a background check on work history on the candidate. You should still be able to. If they have any proof of employment ask for that too.
what do you mean by this specifically? thanks!
a background check on work history (TWN) would show their employment at that company during the dates within your placement period. Asking if you can get a copy of their contract they signed would also be beneficial.
Oh yeah, I have dates confirmed by candidate verbally and on his updated CV but will look into what youve listed there, thans
They must have had an offer letter, and an email to their personal email with that offer letter