Once you have been *contacted* by an agency for a given
position the client company is obligated to pay that agency
their fee regardless of how they finally end up engaging you.
Bet on the agency keeping a list of candidates it contacted
regarding any position, being able to find out that the candidate
eventually hired is someone on that list and going after the
client company for its fee. The end result of this will most
likely be that the client will terminate the employee/contractor
(there's a reason why companies always ask "how did you
learn about this position?)
Forgive me if someone has already cleared this up, but a client is never obligated to pay an agency until the client hires someone. Then they must pay the agency of record.
Most agency agreements say whoever submits a candidate first is the agency of record --- not who *contacted* the person first, but who *submitted* the candidate to the client with his/her resume, skill summary, current salary/bill rate, etc.
As an agency we talk to many candidates before we submit one or two who we feel are qual'ed -- we are only the agency of record for the ones we submit.
OTOH, ProSpring makes a point to tell the candidate who the client is (The client is XYZ, have you already sent them your resume?) --- no sense wasting everyone's time if we can't represent you if you or another agency already submitted you for the position.....
Jack Molisani, Lead Recruiter
ProSpring Technical Staffing
888-378-2333 Ext. 2
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