Contract Issues with Search Associates

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GLOBAL_TEACHER
Posts: 18
Joined: Fri Nov 17, 2017 5:44 am

Contract Issues with Search Associates

Post by GLOBAL_TEACHER »

Hi All

If you sign a contract for two years at a school, and leave after the first year, what is Search Associates view on this? On one hand it doesn't matter as they are just a middle man, but since they are so popular I think its worth knowing. Does anyone have any factual information on this? I have heard all types of rumours but am trying to get actual facts related to this.

Thanks
sid
Posts: 1392
Joined: Sat Dec 02, 2006 11:44 am

Re: Contract Issues with Search Associates

Post by sid »

It’s going to depend on how the school views it. If they feel you did them wrong, SA will take pretty much the same view. If you parted as friends, SA won’t mind.
GLOBAL_TEACHER
Posts: 18
Joined: Fri Nov 17, 2017 5:44 am

Re: Contract Issues with Search Associates

Post by GLOBAL_TEACHER »

What are the consequences (if any)?
GLOBAL_TEACHER
Posts: 18
Joined: Fri Nov 17, 2017 5:44 am

Re: Contract Issues with Search Associates

Post by GLOBAL_TEACHER »

I mean Search aren't an authority, but I wonder if they can do anything to members?
shadowjack
Posts: 2140
Joined: Sat Oct 06, 2012 9:49 am

Re: Contract Issues with Search Associates

Post by shadowjack »

They won't rep you and can deny you for three years if they choose. As Sid said, it depends on how you parted ways. The school can legally go back to Search and ask for part of the placement fee back, as you, the Search candidate, did not meet your end of the bargain.
sid
Posts: 1392
Joined: Sat Dec 02, 2006 11:44 am

Re: Contract Issues with Search Associates

Post by sid »

Look at the agreement you signed with SA. It will outline potential consequences. But the biggest thing is they can refuse to represent you.
PsyGuy
Posts: 10793
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Response

Post by PsyGuy »

I would generally agree with @Sid it depends how the IS views it. If you part as friends and no hard feelings and the IS doesnt request a memo credit on the invoice for placement than the agency isnt likely to care to much. technically its a renegotiation of the contract with a shorter term, so youve still fulfilled your contract. If the IS reports a negative contract fulfillment and reports you as in breach thats pretty much how the agency is going to see it as well, especially if they request a credit memo on the invoiced placement fee.

SA has three remedies to enforce 1) They can and likely will refuse to rep you in the future for at least a number of years. Its generally not an absolute ban. SA cares about the coin if you come back after 2-3 years or more and youre an easy placement they will rep you, its just saying no to coin otherwise. Your going to go to another IS regardless they might as well make some coin on it. 2) They can pursue you for the placement fee which typically involves a debt collector as provided for in the contract, as opposed to filing suite. 3) They can file suite, though the damages would be small and really not worth it considering the likelihood of prosecuting and collecting.

I very much doubt the IS could force SA to credit anything back, their IS rep contract specifically states that the agency makes no warranty about the suitability of the candidates available and that any contract of service is expressly between the candidate and the IS. SA is basically saying they are only a communication service between potential employees and employer ISs. What happens is an IS simply sends a credit memo on their next round of recruiting, deducting X portion or all of the fee, and the associate agrees to some form of credit, as opposed to losing the client and getting nothing. Its a cost of doing and staying in business.
GLOBAL_TEACHER
Posts: 18
Joined: Fri Nov 17, 2017 5:44 am

Re: Contract Issues with Search Associates

Post by GLOBAL_TEACHER »

All sorted now - thanks!
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