| § 11.09 “The Contract Speaks for Itself” | 127 |
| § 11.10 “When Is the Fee Owned?” | 127 |
| § 11.11 “Hiring as a Consultant Is Covered” | 127 |
| § 11.12 “Referral Sheet a Contract” | 128 |
| § 11.13 “The Third Party Referral” | 128 |
| § 11.14 “The Confirmation Letter” | 128 |
| § 11.15 “Licensed or Not” | 129 |
| § 11.16 “Referral Interrupted” | 129 |
| § 11.17 “Efficient Procuring Cause” | 130 |
| § 11.18 “Prior Resume” | 130 |
| § 11.19 “You Don’t Have to Arrange for the Appointment” | 131 |
| § 11.20 “Guarantee Ambiguity” | 131 |
| § 11.21 “A Temp-to-Hire Expire?” | 132 |
| § 11.22 “Resume Runaround” | 132 |
| § 11.23 “No Writing; Not Job Referred to; No Fee Agreement” | 132 |
| § 11.24 “Time Sheet a Contract” | 133 |
| § 11.25 “Apparent Authority Is Authority” | 133 |
| § 11.26 “Disloyalty Does Not Pay” | 134 |
| § 11.27 “Long Arm Not Long Enough” | 134 |
| § 11.28 “The Quasi Contract” | 135 |
| § 11.29 “Candidates a Trade Secret” | 135 |
| § 11.30 “Introduction Counts” | 136 |
| § 11.31 “Licensed–to Be or Not to Be” | 136 |
| § 11.32 “Employee Steals” | 136 |
| § 11.33 “Temp to Perm” | 137 |
| § 11.34 “New Jersey Licensure” | 137 |
| § 11.35 “Statute of Frauds” | 138 |
| § 11.36 “Hire Within a Year” | 138 |
| § 11.37 “Candidate–Confidential Information” | 138 |
| § 11.38 “Damage Difficult to Prove” | 139 |
| § 11.39 “Customer Lists Not a Trade Secret” | 139 |
| § 11.40 “Customer Lists Confidential” | 140 |
| § 11.41 “Memorizing Counts” | 140 |
| § 11.42 “A Break in Continuity” | 140 |
| § 11.43 “Embezzlement Not Covered” | 141 |
| § 11.44 “A Duty to Verify” | 141 |
| § 11.45 “Restrictive Covenant Enforcement Standards” | 142 |
| § 11.46 “Upholding a Restrictive Covenant” | 142 |
| § 11.47 “Eliminate Job; Still Owe the Fee” | 143 |
| § 11.48 “For a Guarantee, You Have to Agree” | 143 |
| § 11.49 “Hire Through an Agent, Still Owe the Fee” | 144 |
| § 11.50 “It’s Not a Trade Secret if It’s Readily Available” | 144 |
| § 11.51 “Overly Broad Restrictive Covenant” | 145 |
| CHAPTER 12 |
|
| Overcoming Objections | 147 |
|
| § 12.01 Employer Defenses | 147 |
| § 12.02 Background | 148 |
| § 12.03 “There Is Not a Written Contract” | 149 |
| § 12.04 “Performance Was Not Satisfactory” | 154 |
| § 12.05 “The Contract Was Not Signed” | 155 |
| § 12.06 “You Are Not Licensed” | 157 |
| § 12.07 “We Hired Him for a Different Job” | 162 |
| § 12.08 “She Is Working at a Subsidiary” | 165 |
| § 12.09 “We Had No Agreement to Pay a Fee” | 166 |
| § 12.10 “The Time Card Is Not a Contract” | 169 |
| § 12.11 “The Manager Is Not Authorized to Pay a Fee” | 174 |
| § 12.12 “We Knew About This Candidate” | 174 |
| CHAPTER 13 |
|
| The Cookie Cutter Contract | 177 |
|
| § 13.01 What Is It? | 177 |
| § 13.02 Is It a “Form” or an Agreement? | 177 |
| § 13.03 Staffing Industry Agreements | 178 |
| § 13.04 Cresting the Agreements | 179 |
| § 13.05 Time Sheet, Fee Schedule, Sub-Vendor Agreement | 179 |
| § 13.06 Warning | 179 |
| § 13.07 Table of Contents | 180 |
| § 13.08 Temporary Employee Time Sheet | 181 |
| § 13.09 Temporary Employee Assignment Confirmation and Conditions | 184 |
| § 13.10 Vendor Client Temporary Staffing Agreement | 185 |
| § 13.11 Sub-Vendor Preliminary Confidential and Non-Solicitation Agreement | 195 |
| § 13.12 Vendor’s Long Form Sub-Vendor Agreement | 198 |
| § 13.13 Sub-Vendor’s Own Short Form Sub-Vendor Letter Agreement | 209 |
| § 13.14 Client Notification of Permanent Fee Obligation | 211 |
| § 13.15 Client Letter Notification of Permanent Fee Obligations | 213 |
| § 13.16 Recruiting Contingency Fee Agreement | 214 |
| § 13.17 Search Retainer Agreement | 215 |
| § 13.18 (A) Split Fee Recruiter Letter Agreement | 219 |
| § 13.18 (B) Another Form of Split Fee Letter Agreement | 221 |
| § 13.18 (C) Virtual Recruiter Document Checklist | 222 |
| § 13.19 Permanent Recruiter Employment Agreement | 223 |
| § 13.20 Restrictive Covenant Letter Agreement | 233 |
| § 13.21 Employment Restrictive Covenant Provision | 235 |
| § 13.22 Temp Service Employer Agreement | 238 |
| § 13.23 Acknowledgment of Employee Awareness of Trade Secrets | 248 |
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