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I applied for a job with a firm, and went through a technical phone interview.

It turns out that the position is for a second company, and I would work as a contractor from the initial company.

Before allowing me to interview with the hiring firm, they wanted me to sign a non-solicitation and non-disclosure agreement.

"Non Solicitation During the Term of this Agreement and for One (1) year thereafter, you shall not seek employment directly or through or on behalf of any party, any persons who are then introduced by [FIRM] to you".

I checked the term of the agreement - and it was the later of three years from the agreement or three years from disclosure of confidential information.

This gives me pause for thought, as does the fact that the agreement does not mention the hiring firm so I'm thinking this agreement could hold for any possible firm they would introduce me to. They say it only applies to this position, but that is not what the agreement says.

They are willing to change the clause to one year, for me that is still excessive and I wonder if this can ever be normal practice? I'm usually familiar with such agreements being signed between the employer and the agent, as the candidate I've never been asked to sign something like this.

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    Ask them if they are specifically contracted by the party they want to introduce you to. If they are, then point out they don't need this, because their contract with the employer already guarantees they will get paid. More likely they are pretending they work for the company when talking to you, and pretending they work for you when talking to the company, but actually have a relationship with neither, which is why they need you to sign something before they submit you to an already public job listing. Or maybe it's boilerplate they will waive on request, if actually honest. – Chris Stratton Mar 24 at 4:41
  • Right, that makes sense. Was wondering more than anything what they were trying to acheive with this. – WishIHadThreeGuns Mar 24 at 4:43
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That does feel overly restrictive and I personally wouldn't sign it this way. In many cases you can negotiate your way through there. Some options:

  1. Suggest that this should be restricted to only the company they have already introduced to you.
  2. Add a clause that they cannot not unilaterally introduce companies and clients to you. You need to first agree (in writing) that you actually want to receive this information.
  3. Try to shorten the "one year" to "three months". That's long enough to protect the firm but it's less burdensome for you.

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