Legal Question in Business Law in Montana

I work part-time as a consultant, and one of my clients heard about a publicly advertised job opportunity that I might be a good fit for. My client sent my resume to the company, and this company is interested in hiring me.

The problem, is that the client feels that it is entitled compensation for the referral as a sort of 'finders fee'; this could cause complications. I have an NDA and non-compete agreement with this client, but no form of 'recruitment' agreement.

What are the legalities in these sorts of situations?

Many thanks.


Asked on 5/13/11, 4:00 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. Certainly your NDA and non-compete should be analyzed to see if there are any applicable provisions - probably there are not, but you never know. If there was not a "finders fee" agreement between you and the client beforehand, they are not in a position to insist on one now - unless you agree. Maybe give them something so you maintain good relations, but explain your legal position as well. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/13/11, 6:09 pm


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