Common use of Right to Hire Clause in Contracts

Right to Hire. Vendor will designate resources as Right to Hire or No-Right to Hire in the applicable Engagement Schedule. If an Employee is designated Right to Hire and the Employee was working with Prudential for less than three (3) months upon hiring, Prudential shall pay a fee of ten percent (10%) of the first year's salary as Vendor's sole and exclusive remedy. Notwithstanding the foregoing, if the Employee was designated as Right to Hire and was working with Prudential for more than three (3) months no fee will be paid upon the hiring of the Employee as an employee by Prudential. If an Employee is designated “No Right to Hire” at the time of commencement of the engagement and Prudential later decides to offer employment to the Employee, Prudential shall pay the following fees to vendor as Vendor's sole and exclusive remedy: (I) twenty (20%) percent of the Employee's first year's salary if the conversion occurs within 3 months after the beginning of the engagement; (ii) ten (10%) percent of the Employee's first year's salary if the conversion occurs within four to six months after the beginning of the engagement; and (iii) no fee if the conversion occurs more than six months after the beginning of the engagement. Prudential shall pay the above fees to vendor only after the former Employee has been employed by Prudential for ninety (90) days. Vendor agrees not to offer employment or otherwise engage any Prudential employee during the term of this Agreement and for a period of six (6) months after termination of the Prudential employee's employment, if the Prudential employee was voluntarily terminated from Prudential. Vendor agrees not to offer employment or otherwise engage any person engaged by Prudential through another firm while that person is actively engaged by Prudential and for a period of three (3) months thereafter.