Placement Professionals

In a case from last week the Fifth Circuit found upheld a district court’s judgment ruling that a recruiting firm was not liable for placement of a medical group’s office manager who embezzeled $60,000.  The case provides an interesting analysis of a recruiter’s responsibility in terms of presenting a candidate who turns out to be

The more things change…

The old adage goes that the more things change the more they stay the same. For Texas placement professionals there have been no landmark cases or significant changes in the law this year, but the standard issues remain and have become more magnified in the areas of post-employment covenants and the

                                          

On Wednesday at lunch I will be speaking to the DFW Texas Recruiters Network about legal issues confronting placement professionals.  Please join me if you can.  Here is a link to the details.

                                          

Today I have the privilege of speaking to the DFW Texas Recruiters Network. Over the years I have had the privilege of representing placement professionals in a number of circumstances.  Some tips:

  1. Make sure your engagement agreements/contracts make sense and are enforceable;
  2. Remember that non-competes and non-solicitation agreements in Texas can be enforceable;

                    

The Case

The Fifth Circuit affirmed the opinion of a magistrate judge in the Southern District of Texas that found a law firm owed a search firm for the introduction of a group of lawyers the firm hired. Essentially, the search firm made the initial introduction, but a deal was not reached until

 

A recent case filed in Dallas provides some guidance for recruiters, especially when they recruit lawyers. Lawyer Chris Gilbert sued recruiter Diane Caldwell, the recruiter who convinced him to move from Nashville to Dallas and work for Patton Boggs as a partner. The petition asserts claims for breach of fiduciary duty, fraud, negligence, and breach of contract.

                                          

Today I have the privilege of speaking to the DFW Texas Recruiters Network.  Below are some resources and previous writings placement professionals might find of use:

                                              

Minnesota based TEKsystems Inc. sued three former employees for violating non-compete and non-solicit agreements.  TEKSystems is in the technical recruiting business and it claims one of the former employees was contacting its contract employees.  The complaint alleges Defendant Brelyn Hammernik used LinkedIn to solicit these employees:

For example, Hammernik has communicated with at least 20 of TEKsystems’

Chances are you or someone you know is on Facebook, MySpace, or LinkedIn. Google yourself and you’ll probably see a LinkedIn or Facebook biography. Potential employers and recruiters will see the same information during the hiring process.

When I prepare for a deposition I always do basic Internet research on a witness. It’s probably