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

Jeff's On Call!

Unplacement Liability and the Case of the Renegade Recruiter



JeffOnCall_new

Hi Jeff,

Thank you for the great job you are doing in writing the Jeff’s On Call! column.

I have the following problem: A headhunter put me in contact with a firm I suggested to him, and after a couple of rounds of interviews I received an indicative offer.

In the meantime, the client’s Executive Committee voted against paying this particular fee. The client claims that he told the recruiter from the beginning that there might be a difficulty in getting this fee paid as they usually only pay for headhunting partner-level hires.

Fees, Jeff's On Call!

You Collect Even If You Were Only Partially the Source of Hire



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:

We would have found the candidate on our own.

How Client Pays:

Fees, Jeff's On Call!

Could Be the Janitor Authorized the Job Order



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:

You dealt with an “unauthorized hiring authority.”

Industry News, Jeff's On Call!

Recruiter Convicted of Hacking In Trade Secrets Case



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Editor’s note: Executive recruiter David Nosal was convicted last week of hacking and stealing trade secrets from Korn/Ferry even though he personally never broke into a computer.

David Nosal

David Nosal

According to the FBI, in 2004 Nosal convinced two of his former Korn/Ferry colleagues to download sources lists from the search firm’s computers, which he and they would then use in a search business Nosal was launching.

Wired called Nosal’s prosecution “a novel application of the Computer Fraud and Abuse Act,” detailed the case’s lengthy history, which includes an appeal upholding the dismissal of several of the initial charges against him.

In his commentary, Jeff Allen provides some additional detail and offers advice on protecting a firm’s proprietary information. Firm owner and CPA Bill Gibbens provides an even deeper look at the internal accounting controls all firm owners should have in place. His post discusses both protection of your intellectual property, as well as your financial assets. His post is here.

 

Recruiters across the country are all abuzz at the stunning jury verdict just handed down from the U.S. District Court in San Francisco in the criminal trial of David Nosal, the former Korn/Ferry International recruiter (United States v. Nosal, 2013 U.S. Dist. LEXIS 28582).

Fees, Jeff's On Call!

What to Do When the Client Says “We Don’t Pay Fees”



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:

We don’t pay fees.

How Client Pays:

Business, For Managers, Jeff's On Call!

Track Your Recruiters’ Hours Or You Could End Up Writing One Big Check



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Jeff,

Thank you for all you do for us in the field!

I have a question regarding tracking time and compensation of recruiters. You are aware that many of us work more than 40 hours a week, probably more like 56, and much is performed away from the office.  

I don’t track my time or that of my recruiters. Should I? 

I read a case brought by a group of recruiters  a year or so ago in which they claimed that although they received a base (draw against commission) and were paid an agreed upon percentage of a fee, that they should also be compensated for the overtime they worked even though a placement was not guaranteed outcome of that work and the time spent was discretionary.

As an owner, should I have recruiters complete timesheets? Should recruiters be paid for all the hours they work? Should researchers be compensated differently then recruiters who have split desks or are out of the office more in a sales/recruiter role? If so, how does one account for the time spent responding to email while watching a movie for five minutes. or taking the 20 minute phone call?

Fees, Jeff's On Call!

If You Mention ’30 Days’ You Might Just End Up With 30 Days



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:

We’ll pay you that percentage of the candidate’s first monthly paycheck.

How Client Pays:

Fees, Jeff's On Call!

Show A Fee Contract and You Get to Laugh Last



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:

The fee’s too high.

How Client Pays:

Fees, Jeff's On Call!

When the Client Agrees, You Get the Fee



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:

The fee schedule wasn’t received.

How Client Pays:

Fees, Jeff's On Call!

It Doesn’t Matter What the Candidate Says



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:

The candidate assured us you weren’t representing him.

How Client Pays: