Legal Question in Administrative Law in California

Hiring

I went for an interview with a startup company, the interview process went very well, in which at the end of the first interview the VP of Marketing gave me action items to follow-up. This action items was to create a document on competitive analysis against their competition, he wanted me to write up a document (fact finding/competitive analysis) featuring 6 companies.

I created a 22 page document which when I was called back I handed this document over to this VP, the VP looked through it at a high level and gave it back�.then 1 week went by and then HR called me to meet the CEO of this startup..? I met the CEO, it was a fruitful 30 minute conversation which he stated to me �Oh the VP gave you some homework�

Now my question is based on California law, IF this startup company does not offer me this position, can I bill them for my services based on they gave me action items/ homework that would benefit them..? Since I felt like a consultant performing work for this company..?

In closing I did not getr the job and they did not provide me a reason either!


Asked on 1/26/08, 12:43 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Hiring

Nice try. There was no agreement between the parties for payment. This was a test of your qualifications.

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Answered on 1/28/08, 4:46 pm
Clayton Lee Russakow, Ryan & Johnson

Re: Hiring

Sure, you could bill them, but I don't think you'll get anywhere. After all, didn't the VP give you back your document? From the facts as you've stated them, it doesn't sound like they retained any of your intellectual property, they just wanted to get a sense of your work. Learn from this lesson and move on.

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Answered on 1/26/08, 8:32 pm


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