Welcome to The Fordyce Letter:

The Fordyce Letter

Straight Talk for the Recruiting Profession


Fees, Jeff's On Call!

Don’t Search Until the Fee Schedule Is Signed


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Jeff Allen COllection Tip

Editor’s Note: Every Monday, Jeff Allen offers you a tip about what you should do to ensure you never miss out — or get beat out — of your well-earned fee.

What Client Says:

If we’d agreed to the fee, we would have signed your fee schedule.

How Client Pays:

If you’re going to send a fee schedule with a signature line, don’t work the search until it is signed.

Okay, if you send it by email and you get back an unequivocal acceptance by email from the client, fine. But anything less than an unequivocal acceptance is technically (but very legally) an implied rejection of all the terms.

Implying acceptance of a fee schedule by acceptance of referrals can work, but you must prove receipt of the fee schedule.

Just focus on that!

If you’re going to send a fee schedule with a signature line, don’t work the search until it is signed.

 

Okay, if you send it by e-mail and you get back an unequivocal acceptance by e-mail from the client, fine. But anything less than an unequivocal acceptance is technically (but very legally) an implied rejection of all the terms.

 

Implying acceptance of a fee schedule by acceptance of referrals can work, but you must prove receipt of the fee schedule.

 

Just focus on that!

More than thirty-five years ago, Jeffrey G. Allen, J.D., C.P.C. turned a decade of recruiting and human resources management into the legal specialty of placement law. Since 1975, Jeff has collected more placement fees, litigated more trade secrets cases, and assisted more placement practitioners than anyone else. From individuals to multinational corporations in every phase of staffing, his name is synonymous with competent legal representation. Jeff holds four certifications in placement and is the author of 24 popular books in the career field, including bestsellers How to Turn an Interview into a Job, The Complete Q&A Job Interview Book and the revolutionary Instant Interviews. As the world’s leading placement lawyer, Jeff’s experience includes: Thirty-five years of law practice specializing in representation of staffing businesses and practitioners; Author of “The Allen Law”--the only placement information trade secrets law in the United States; Expert witness on employment and placement matters; Recruiter and staffing service office manager; Human resources manager for major employers; Certified Personnel Consultant, Certified Placement Counselor, Certified Employment Specialist and Certified Search Specialist designations; Cofounder of the national Certified Search Specialist program; Special Advisor to the American Employment Association; General Counsel to the California Association of Personnel Consultants (honorary lifetime membership conferred); Founder and Director of the National Placement Law Center; Recipient of the Staffing Industry Lifetime Achievement Award; Advisor to national, regional and state trade associations on legal, ethics and legislative matters; Author of The Placement Strategy Handbook, Placement Management, The National Placement Law Center Fee Collection Guide and The Best of Jeff Allen, published by Search Research Institute exclusively for the staffing industry; and Producer of the EMPLAW Audio Series on employment law matters. Email him at jeff@placementlaw.com.