Top Echelon Network Policy Change: Policy #8
Last week in The Pinnacle Newsletter Blog, we announced recent changes made to Policy 2a and Policy 2c. This week, we’re addressing Policy 8, otherwise known as The “But For Rule.”
The “But For Rule” is one of the most referenced rules in both Top Echelon Network and the recruiting profession overall. However, due to changes in the TE system, specifically to features and tools that no longer exist since the rule was first introduced, we have re-stated and are reintroducing the “But For Rule” within this context.
You will see Policy #8 below as it was originally written and following that, the new edit which defines the “But For Rule” specifically and also refers to the more in-depth TE Policies that cover specific scenarios.
We recently reviewed the Top Echelon Network Policies and made revisions to a few Policies to bring them more in line with new features in the software, technology, and the evolution of recruiting industry in general. During the next couple of weeks, we will continue to share the Policies we changed and why we did so in The Pinnacle Newsletter Blog.
If you have any questions about the following changes, please contact me. You can do so by calling 330.455.1433, x156 or by sending an email to drea@topechelon.com.
Top Echelon Network Policy #8 (Original)
Issue: “But For Rule” vs. My Candidate is Listed on the Network
Date created: 01/11/1991
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 them 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 on 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 the other 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.
Top Echelon Network Policy #8 (Revised)
Issue: “But For Rule” vs. My Candidate is Listed on the Network
Date created: 01/11/1991
Revised: 6/2/2021
The industry’s “BUT FOR RULE” takes precedence and should be used when determining ownership, the cause of an action, or to determine which source to honor.
Spirit of this policy
It is the philosophy of Top Echelon Network that no matter what information you’ve learned (e.g., candidates, clients, jobs, etc.), you must honor the source which prompted your action regarding the information. Ask yourself this question: “BUT FOR what caused my interest and/or caused (or stimulated) the action to occur?”
The answer to this question is the definition of the “But For Rule,” which can be stated as follows: “BUT FOR what particular act or information caused my interest?” The honest answer to these questions should be used when ultimately determining what directed your attention to the information (jobs, candidates, etc) and what prompted your action(s).
Top Echelon Network does its best to prevent members from distributing duplicate candidates to specific jobs through the Network system. By doing so, most questions about “Which candidate should I honor?” are seldom asked. The 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 spirit of the Network and definition of the “BUT FOR RULE” as stated above. See also Network Policies 9a, 9b, 9c (“Candidate Ownership”) and Policies 15a, 15b (“Honoring Referrals”).