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The Fordyce Letter

Straight Talk for the Recruiting Profession


Jeff’s On Call!

Jeff's On Call!

How to Help Your Criminally-Challenged Candidates



Placements and the law logo

About that “new” EEOC policy about candidate’s criminal record in pre-employment screening. In a sentence, it means:

File a charge of discrimination if a candidate isn’t hired (or is fired) for having committed some non-job-related crime.

If you’re doing contingency-fee search, your existing policy in a sentence is:

Race to place.

That means:

  • If it’s not job-related, don’t consider it.
  • If it has no bearing on the job duties (like a conviction for embezzlement of a bank veep candidate), don’t disclose it.
  • No third-party criminal background checks.

But how about a new policy for you too? How about one to help criminally-challenged candidates resume productive, placement-fee-generating careers?

Jeff's On Call!

Promissory Estoppel: The Way You Get Paid When the Client Changes Things



ask-jeff4

Hi Jeff,

I have learned a great deal from your “Jeff’s On Call!” column and also from your National Placement Law Center Fee Collection Guide. The column is certainly a place where rookies and seasoned veterans alike can get useful tips for the search industry.

I am a veteran recruiter with over 20 years experience. I have done both retained and contingency search.

We have finished an extensive (3+ month) contingency search on an exclusive basis. During the search, the client sent names for us to screen and recruit. Of course one of these candidates landed the position after we screened, recruited, referred, and set up the initial interview. The client has offered to pay only a partial fee since they sent us the name of the candidate.

Unfortunately, I believe this will end up being hashed out in court. Will it matter what the reason is for the sending of the names to our firm? What legal theories does this case center on?

Fees, Jeff's On Call!

Ask For An Explanation, But Send Them Only An Invoice



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 didn’t hire, but referred the candidate to someone else.

How Client Pays:

Since the client isn’t in the placement business, you’ll be unable to show that it

How-To, Jeff's On Call!

A Four Step Program to Improving Your Phone Voice



Placements and the law logo

The phone voice is almost everything in making placements. Even in personal meetings, 38% of the meaning is conveyed by the voice. Surprisingly, the words themselves only convey 23%. What you convey it is more important than what you say.

Since recruiters (and lawyers) talk so much, they tend to become deaf to their own voices. We practice a four-step program of simple voice improvement techniques. We’ve achieved unbelievable results in negotiation and trial using them. Since I introduced them to our favorite recruiters they’ve made more placements. It’ll work for you too.

Let’s get started!

Jeff's On Call!

What Happens to My Fee When My Client Buys the Candidate’s Employer?



JeffOnCall_logo

Hi Jeff,

You have helped me collect fees twice in the past, and the Jeff’s On Call! column has greatly contributed to our success. This is just indispensable.

I have a question that really needs answering, and would appreciate your help.

A client of mine who has hired about 6 to 8 sales reps from me in the last few years gave me a search for a sales person when I ran into him at a trade show in Las Vegas. I placed the sales manager who gave me the search.

I scheduled 8 interviews and he liked one candidate best. They are scheduled to meet for a second interview with the VP of sales again soon. The candidate currently works for a competitor and the word on the street is my client may be purchasing them as soon about the same time as the interview. It has been a rumor for months.

The sales manager told me he did not know if they would pay my fee if they buy the company because the sales rep would be an employee of their company. I told him I didn’t know the legal ramifications, but as far as I am concerned I set up the interviews and will be due a fee.

Fees, Jeff's On Call!

The “Other Division” Fee-Avoiding Forward Pass



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:

The candidate was hired by another division.

How Client Pays:

This is a “forward pass” situation — sendout to A, hire by B.

Fees, Jeff's On Call!

Why You Should Never Say “But For” In A Fee-Fight



ask-jeff4

Hi Jeff,

Thanks for all the help you give through your column in The Fordyce Letter and elsewhere. I enjoy reading your advice in the Jeff’s On Call! column and would appreciate any help you could offer about a current situation.

I’ve been in personnel consulting business since 1983 and have some long-standing relationships with other colleagues and friends in our specialty area.

Currently, a situation has come up between me and one of these colleagues, Dean, and we are having difficulty resolving it so it is a “win-win” agreement.

Here’s the scenario:

Dean submitted a candidate back in August/September 2013 on a job order he took for a position at a company that we both do work for from time to time. The client did not hire the candidate at that time for that position. Dean’s submittal policy gives him credit for the referral for 12 months from the time of the initial referral.

Jeff's On Call!

Recruiters, Recliners, Roboters and Realities



Placements and the law logo

Editor’s note: Jeff uses the German word for robot – roboter — to mean the human operator of the robot. Roboters, though, may have a short job life. The sophistication of recruiting robots is growing fast. An Australian university, working with NEC, has developed a mechanical robot named Sophie, that conducts interviews, assesses candidates on both what they say and how they say it, and makes comparisons. More details are here.

Things have really changed. More in the past year than in the 50 before. A new generation of Internet search engines is here. They go far beyond matching resumes to jobs.

They appear to be “recruiting robots” because they actively crawl. They seek, find, and stalk candidates. This is done by globally trolling all online sources (including social networks) for personal and professional information. Anything written by or about someone over the Internet at any time makes that someone a potential candidate. It is a sophisticated matching from keywords the roboter inputs.

Fees, Jeff's On Call!

Forget That Fee If You Sent Contact Info



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:

There was prior contact with the candidate.

How Client Pays:

“Exclusive” contingency-fee job orders don’t exist. But even assuming you think you’ve got one, it doesn’t exclude direct contact with the candidate. So you’re truly trusting when you:

Jeff's On Call!

Are You Your Client’s Contractor Or An Agent?



Placements and the law logo

In columns through the years, we’ve discussed the different ways any employee can bind his or her employer to pay a placement fee. For this reason, the “unauthorized hiring authority” defense is particularly weak, since an employee is an agent, and therefore acts on behalf of the employer.

Now, we are representing recruiters in a growing number of cases where it’s alleged they were also acting as agents of clients. The significance of this in imputing (attaching) liability to the client for your alleged misrepresentations to candidates and interference with the businesses of source employers, is just beginning to emerge.

Invariably, you’ll end up in crossfire between the candidate or source, and your former client. Friendliness with the client is unlikely when imputation means it will be liable. The relationship is more like one where you have a known case of leprosy. Since almost every recruiting call you make involves representations to someone else’s employees, the opportunity to increase litigation is simply wonderful.