Welcome to The Fordyce Letter:

The Fordyce Letter

Straight Talk for the Recruiting Profession


Jeff Allen

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

Fees

Don’t Let Them Use a Different Job Title to Avoid the Fee



Jeff Allen COllection Tip

Editor’s note: Jeff Allen has heard every employer excuse that 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 hired the candidate in a lower classification.

How Client Pays:

Uncategorized

But For Using “But For,” You Would Have Collected Your Fee. So Don’t!



Placements and the law logo

The single biggest contingency fee collection defense is the so-called “but for” rule. Yet recruiters and their lawyers constantly use it as a legal rationale to get paid. When you start a fee collection with, “But for my referral . . .” it will likely end with, “. . . farewell five figure fee.”

Today, I’m going to explain why you should remove the words “but for” from any collection attempt.

Jeff's On Call!

The Payback Attack to Employee Payback Agreements



ask-jeff4

Jeff –

I’m really benefiting from your writing and thanks for taking time out of your busy schedule to answer my question.

I’m working with a candidate who accepted a position with a company that I didn’t submit him for. About a month later, this network engineer told me that the job was terrible and he is only doing network cleanup and documentation. Then he tells me that the agency that placed him made him sign a contract that stated that if he left the job before the three month guarantee period that he would need to pay the agency the lost fee.

This was a new one for me in my 18 year career – I’ve never heard this. Is it enforceable?

Regards,

David Cohen
Agency owner in NJ
Fees, Jeff's On Call!

Do You Know Where Your Sendouts Are Working Today?



Jeff Allen COllection Tip

Editor’s note: Jeff Allen has heard every employer excuse that you can imagine for not paying up — and dozens more that defy imagination. Over the last 18 months, he’s documented one a week. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. The complete collection is here.

What Client Says:

Another recruiter was responsible for the placement.

Fees, Jeff's On Call!

Think You’ve Got A Case? Here’s How We Decide



Placements and the law logo

Proving you earned your fee is far different from earning it. Since we accept collections on a contingency fee basis, we become your partner in the investment. For this reason, we have developed guidelines to decide whether to invest our time and money. Using them has enabled us to attain a 93% collection rate. Here they are:

1. Is The Recruiter Being Realistic?

It’s natural for unpaid recruiters to be angry. Some say they’d rather see us get the money than let the employer get away with not paying. Others insist they want far more than the full amount as compensation for their pain and suffering. We admire them, but suggest they call their local bar association for a referral.

Jeff's On Call!

Avoid the EEOC ‘Letter Bomb’ With Advocacy and Facts



ask-jeff4

Hello Jeff,

I benefit from your regular column in The Fordyce Letter, and thought I’d run this question by you to obtain your thoughts.

I am working on a search for a high-growth technology company here in the Bay Area that is requiring a very specific skillset in the area of electrical engineering standards/compliance for the U.S. and overseas markets. I had a candidate apply who brings over 40 years of experience, and upon initial conversations seems to have the subject matter expertise necessary for the job.

My question is this: How do I present this candidate to my client in a manner that does not discriminate on their age, but my professional opinion tells me that they may not be the ‘long term’ candidate my client is ideally looking for?

Fees, Jeff's On Call!

Ad or You? Where Did the Hire Come From?



Jeff Allen COllection Tip

Editor’s note: Jeff Allen has heard every employer excuse that you can imagine for not paying up — and dozens more that defy imagination. Over the last 18 months, he’s documented one a week. 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 answered an advertisement.

Fees, Jeff's On Call!

How-To Avoid Falloffs While Getting Pegged as a Pro



Placements and the law logo

(L)ong-term prospects at a company are often determined during the initial phase of a job. Contrary to popular thinking, the first six months on a job are much more than a period of acclimation and adjustment. During this erroneously-labeled getting-acquainted period, a new employee is “pegged” sub-consciously in the minds of the decision-makers in the company. . . It may be superficial as well as unfair, but informal pegging occurs in all companies. . . Ironically, it is the subconscious and non-logical nature of pegging that makes it so easy to manipulate for your purposes.

These words are from a brilliant book, The Right Moves: Succeeding in a Man’s World Without a Harvard MBA by Charlene Mitchell and Thomas Burdick. This PTL uses their suggestions (and mine from both sides of the hiring desk) to show you how to fight falloffs.

Fees, Jeff's On Call!

Don’t Let Your ‘Blind’ Resume Become A Runaway



ask-jeff4

Dear Jeff

I find your column to be extremely helpful and have benefited from your advice on several occasions. I’m a recruiter with 21 years of experience currently working in a very candidate driven market. I have been fortunate to be recognized in the top producer category of the various personnel associations in our industry.

Since my rookie year I’ve always been taught that sending a resume blind has inherent risks because if someone sends the same resume with identification, the blind resume loses. That’s why I’m submitting the following scenario which I just encountered.

One recruiter submits a blind resume without candidate knowledge or permission, but the client does nothing with it. The description on the resume doesn’t really fit their job description. Several weeks later another recruiter submits the same resume with contact information and a presentation to the hiring authority explaining some

Fees

How Well Do You Know the Basics? Take Jeff’s Quiz and See



JeffOnCall_new

Do you know the laws relating to placement?  Take this quiz and find out!  The correct answers are at the end.

Need help? Check out Jeff’s previous columns here.  You can also consult his extensive collection of tips and information on his website www.placementlaw.com.

A. The offer in the contract between the recruiter and client is: