Welcome to The Fordyce Letter:

The Fordyce Letter

Straight Talk for the Recruiting Profession


Jeff Allen

Jeff Allen mug
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.

Articles by Jeff Allen

Collections, Fees

When the Candidate Agrees to Pay the Fee



Jeff Allen COllection Tip

Editor’s note: Jeff Allen has heard every employer excuse you can imagine for not paying up — and dozens more that defy imagination. A few years ago he began documenting them in a weekly collections column. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. The complete collection is here.

What Client Says:

The candidate signed our agreement to pay the fee.

How Client Pays:

The variation of “thinking” the candidate would pay the fee is forcing him

Jeff's On Call!, Legal

How to Tell When Your Sourcing Is Raiding



ask-jeff

Hi Jeff,

My name is Jeff Weisberg from JW Resources, a contingency search firm. We are a small specialized boutique firm.

We go to your Jeff’s On Call! column and The Fordyce Letter as soon as we get into the office, and have been following your advice for years.

This morning I terminated my agreement with one of my clients. This was primarily due to a lack of assignments that I have been given over the past year. I placed one individual several months ago due to an old assignment, but hadn’t received any additional assignments during a one year period. I am fully aware that they have been using several other firms on a regular basis based on job postings and by talking with candidates in the industry.

My agreement states that it can be cancelled by either party at anytime and there is nothing stated about recruiting their employees. So I canceled the agreement and they responded, “What is your reason for canceling?” I

How-To, Jeff's On Call!

3 Surefire Ways to Cold Call Decision-Makers



Placements and the law logo

The first and most important thing a recruiter must do is get through the gatekeeper to the prospective client. Smiling and dialing is fine for voicemails you hang up on, but placements aren’t made that way. You might as well be talking to your kids.

If you follow me, I’ll show you where the secret passages are to get past the guards at Placeland.

1. Find the Hiring Authority

More placements are lost by calling the wrong person than any other reason. That’s why the recruiter’s bumper sticker reads, “So many sendouts, so few offers.”

In a large corporation, your most valuable source of information is some busy live operator. Unlike assistants, operators are not there to screen. They’re pressured to transfer a call as fast as possible.

Collections, Fees

A Candidate Heart-to-Heart Might Just Get You Your Fee



Jeff Allen COllection Tip

Editor’s note: Jeff Allen has heard every employer excuse you can imagine for not paying up — and dozens more that defy imagination. A few years ago he began documenting them in a weekly collections column. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. The complete collection is here.

What Client Says:

We thought the candidate would be liable for the fee.

How Client Pays:

This is often coupled with statements that you didn’t cause the hire.

Fees, Jeff's On Call!, Legal

85% Of Fee Agreements Are Defective. Is Yours?



ask-jeff4

Jeff,

Thank you for the opportunity to get a response.

I have been in the electrical industry for 23+ years, headhunting for 16+ years. I had a concurrent career as in the US Army, Colonel in the Army National Guard, and an Iraq War Veteran.

We have a small, highly effective search firm.

I’ve been reading your advice in The Fordyce Letter for 16+ years and have benefited too many times to recall. It is simply awesome.

Now to my question: When do you officially determine resignation?

Here are the facts:

  • Written agreement with 90 day “replace” guarantee.
  • Candidate verbally communicated intent to resign prior to 90 days and is talked off the ledge and stays.
  • Candidate presents after 90 days in writing intent to resign. Candidate’s last day of work is after the 90 days.
  • Company communicates to me after initial communication by candidate of intent to resign to initiate replacement search. Found replacement and hired.
  • HR offers 50% payment with rationale that there is a gray area because the intent to resign (verbal) and communication to initiate replacement was prior to 90 days.

Jeff, thank you so much for once again adding value to the recruiting industry. In 16+years in the business this was a unique one and once again you came through.

Appreciate you and your expertise.

Thank you!

Jim Pabis
President
Saratoga Source, LLC

 

Hi Jim,

Thanks for writing – and for your service in protecting us all. If it wasn’t for people like you, people like us would be – who knows?

I’m so proud to be assisting you, and appreciate you having a laugh with me in spite of your angst. Truly, the pleasure is mine.

Legal

Sexual Harassment: Foolin’ Around Could Cost You Plenty



Placements and the law logo

“Ludicrous.” That’s what the U.S. District Court in Arizona wrote in the 1975 decision of Corne v. Bausch and Lomb, Inc. (390 F.Supp. 161, 562 F2d 55). It was ruling on a sexual harassment case, and stated:

[T]he only way an employer could avoid such charges would be to have employees who were “asexual.”

Times have really changed. Today the official comment might be, “Lucrative.”

We’re called regularly by owners who are faced with sexual harassment charges by the EEOC under Title VII of the federal Equal Employment Opportunity Act, state prosecution, or civil litigation. A few recent examples are:

Fees, Jeff's On Call!

The Fee Is Yours If You Were the Source of the Hire



Jeff Allen COllection Tip

Editor’s note: Jeff Allen has heard every employer excuse you can imagine for not paying up — and dozens more that defy imagination. A few years ago he began documenting them in a weekly collections column. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. The complete collection is here.

What Client Says:

We would have found the candidate on our own.

How Client Pays:

This “defense” is no defense at all.

Cold Calling, Jeff's On Call!

3 Ways to Get Past the Gatekeeper



JeffOnCall_new

The first and most important thing a recruiter must do is get through the gatekeeper to the prospective client. Smiling and dialing is fine for voicemails you hang up on, but placements aren’t made that way. You might as well be talking to your kids.

If you follow me, I’ll show you where the secret passages are to get past the guards at Placeland.

1. Find the Hiring Authority

More placements are lost by calling the wrong person than any other reason. That’s why the recruiter’s bumper sticker reads, “So many sendouts, so few offers.”

Jeff's On Call!

You Can’t ‘Steal’ An Employee Who Doesn’t Want to Go



ask-jeff3

Hello Jeff -

I enjoy reading your columns. I experienced an incident on which I’d value your opinion.

I submitted a candidate (blind profile) to the recruiting manager of an AmLaw100 firm. A few hours later, I get a phone call from her. She asks  me, “Are you working for us or against us? I know that you sent an email to one of our associates recently (trying to entice them away).”

Now I feel that she won’t consider my candidate, mostly out of spite. Here are the facts:

Collections

Document Your Referral Performance With a Receipt



Jeff Allen COllection Tip

Editor’s note: Jeff Allen has heard every employer excuse you can imagine for not paying up — and dozens more that defy imagination. A few years ago he began documenting them in a weekly collections column. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. The complete collection is here.

What Client Says:

You didn’t follow up on the referral.

How Client Pays:

Once you’ve disclosed contact information, you lose all control over the placement.