Top Echelon Network Policy 8

Issue: BUT FOR rule vs. my candidate is listed on the Network

Date: 01/22/91

The industry's BUT FOR rule takes precedence over merely having your candidate "listed" on the Network.

Spirit of this Policy
Top Echelon Network does its best to prevent Preferred Members from distributing duplicate candidates through the Network. By doing so, most questions about "Which candidate should I honor?" are seldom asked.

It is the philosophy of Top Echelon Network that the first Preferred Member to send a satisfactory copy of the candidate's resume and Resume Data Sheet (RDS) to Top Echelon Network will have their resume distributed through the Network system. Any other recruiters submitting the same candidate should receive notification from Top Echelon Network that this is a "duplicate candidate." However, this recruiter is still entitled to represent "their version" of the candidate in any other means that they normally would (through telephone calls, emails, etc.) The only thing that they cannot do with their candidate is distribute him/her through the Split Candidate Database.

This non-duplication of candidates is intended to minimize the frequency of confusion over whose candidate to honor, however it does not take precedence over the industry's BUT FOR rule (see policy #9). For example, when you submit a job order to Top Echelon Network, and several Members respond with the same candidate, you should honor the submittal that "prompted action" on your part.

Therefore, just because your candidate is "listed in the Network," don't assume that other Members aren't also actively working "their version" of the same candidate. You still need to pay attention to job orders being distributed through Top Echelon Network, because if your candidate is a potential fit, you will want to make sure that it is your submission that prompts your Member to take action.

Example of the BUT FOR RULE
BUT FOR what particular act, would the agency (or hiring authority) have the desire to pursue the candidate. In other words, what caused (or stimulated) the action to occur? Read "Employment Agency Law" by A. Bernard Frechtman for further details and examples.