Pro-rata refund.
In the event the candidate’s employment lasts less than ____ calendar days, and if CLIENT notifies RECRUITING FIRM in writing of the termination within ____ days thereafter, RECRUITING FIRM shall be entitled to ____ % of its fee for each day upon which candidate was employed by CLIENT, and RECRUITING FIRM shall refund the balance of the fee to CLIENT. Or a credit could be offered rather than a refund, as the following example provides: CREDIT: In the event the candidate’s employment lasts less than ____ calendar days, and if CLIENT notifies RECRUITING FIRM in writing of the termination within ____ days thereafter, RECRUITING FIRM shall credit ____ % of its fee to each of the next ____ placements it makes with CLIENT. Whether a replacement, refund, or credit guarantee is used, the recruiting firm may wish to consider making the guarantee conditional by adding language such as follows: This provision shall not apply if the candidate is laid off for lack of work, or resigns because CLIENT has significantly modified the candidate’s job duties or assigned him or her to another position. Or the guarantee could be limited just to the situations where the candidate resigns, in which case just change the beginning of the first sentence of the guarantee to read: In the event the candidate resigns his or her position in less than ____ calendar days of employment....
