[CLUE-Talk] Employment / Interview Contracts

[Jed S. Baer]

Greetings folks.

Hot on the heels of an excellent presentation, I get the following in an
"interview" contract, from a consulting company. Required before they'll
even tell me whom they want to present me to:

Contractor agrees that, in exchange for the opportunity to provide Company
with consulting services, Contractor will not solicit, attempt to solicit,
inquire about, contact or attempt to provide services, directly or
indirectly, a) with any client company of Company, at a site or on a
project for which Contractor is introduced by Company, or b) with any
client company of Company about whom Contractor becomes aware through his
relationship with Company, for a period of one (1) year following the
execution of this Agreement or one (1) year from the last date one of any
interviews with one of Company s clients, whichever is later.

I modified it significantly, and sent it back to them, without agreeing to
anything.-----------------------------------------
2.Contractor agrees that, in exchange for the opportunity to provide
Company with consulting services, Contractor will not solicit, attempt to
solicit, inquire about, contact or attempt to provide services, directly
or indirectly,

a) with only those client companies of Company to which Contractor is
   introduced by Company, for a period of 6 months following the execution
   of this Agreement or 6 months from the last date of any interviews
   with one of Company's clients, whichever is later.

3.Choice of Law -- This contract shall be executed in, and in accordance
with, the Laws of the State of Colorado.

4.Restrictions - Any conditions or terms of this contract which are
unenforceable in the jurisdiction named above (3) shall be null and void.

5.Arbitration. Any disputes arising out of the execution of this contract
shall be settled by binding arbitration.

6.Damages - The Contractor is entitled to collect damages from the Company
for any lost income, legal fees, court or arbitration costs, and other
expenses arising out of any enforcements attempts against Contractor in
the perfomance of this contract.
-----------------------------------------

Their lawyer will be looking at it. I just threw it together quickly,
which I prefer to not do - it is obviously thin.

But, what this brings to mind is that most, if not all of us, have had
opportunity to see both good/bad writings of this type. I thought it might
me good to share some language which works. I can dig around my HD and see
what I can come up with. One thing being more specific references to which
arbitration board (I recall there's a specific Colorado board I've seen
referenced), and exclusivity of arbitration.

Does anyone care to share their "standard" contract, or any language?
(I've looked for the handout from EmilyAnne, but I can't find it.)

I suppose any such collection would need a disclaimer like this (which
applies to this e-mail as well):

The information presented should not be construed to be formal legal
advice nor the formation of a lawyer/client relationship. Persons
accessing this are encouraged to seek independent counsel for advice
regarding their individual legal issues.

Cheers,
jed
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