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The Fordyce Letter

Straight Talk for the Recruiting Profession


Articles tagged 'legal'

Industry News

Stakes Getting Higher for Independent Contactor Misclassification



misclassification tax chart

Even after years of increased enforcement, 1099 independent contractor (IC) misclassification is a common employment violation. And the risks associated with worker misclassification are only increasing as government agencies coordinate their enforcement efforts. Companies look to recruiters as employment experts, so it is important you know the basics of proper worker classification and stay on top of the latest enforcement efforts.

Why Misclassification Happens

When companies classify workers as independent contractors they don’t pay the employer share of FUTA, SUTA, and FICA taxes. They also don’t

Fees, Jeff's On Call!

No Proof Your Fee Schedule Was Accepted? You Lose



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 fee schedule wasn’t received.

How Client Pays:

You’ve probably wondered where all those undelivered emails and letters with fee schedules went.

Jeff's On Call!

What’s Wrong With Explaining the Fee? Everything!



ask-jeff2

Hi Jeff,

I must be your biggest fan (but must also share that status), and have read The Fordyce Letter for many years. You have great advice that has guided me through my career in recruiting. After 23 years doing it, I’d love you to answer a question.

A candidate I referred started today. We scheduled a phone interview for him with the client several weeks ago, but the client rep was a no-show.

After a week of trying to get that interview rescheduled along with trying to schedule another candidate, I received an email back from the client’s admin indicating that unfortunately, they had prior contact with both candidates.

Fees, Jeff's On Call!

Collecting When the Candidate Says “No Charge”



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 said you wouldn’t charge anything.

How Client Pays:

This is one of those naive “defenses” only a foolish fee-fighter would allege.

Industry News

Updated LI Terms: Content Is Yours and Don’t Spam



LinkedIn logo

LinkedIn logoFor most recruiters, LinkedIn’s updated user agreement that goes into effect Thursday doesn’t change much. Recruiter customers will still be able to search for candidates, download profiles, send InMails, and generally source as they have before.

The biggest change is that LinkedIn says you own the content you post on the site. That, and the simplicity and clarity of the wording of the updated terms of service, have earned LinkedIn kudos with one writer calling the changes “monumental for the industry.” More about that later.

For recruiters who use LinkedIn mostly or exclusively for sourcing, the impact of the updated TOS is minimal. The most significant addition is one that limits the use of information in member profiles. It bans sharing or disclosing “information of others without their express consent.” That’s a restriction that doesn’t apply to Talent Solutions customers, but it does to others. A recruiter who captures information from a public profile could, technically, be found in violation of the TOS, however policing such a casual use is practically impossible. More likely, the provision is there to backstop the prohibition against the wholesale downloading or scraping of member information, as was the case with HiringSolved.

Fees, Jeff's On Call!

Why Adam & Eve Won’t Get the Fee (and Neither Will You)



ask-jeff4

Hello Jeff,

As an avid follower of yours, I’m constantly learning the do’s and don’ts of executive search. Thank you for this vital information!

I can’t imagine this is the first question of this kind. But if anyone can help me, it’s you.

My client engaged me in an a VP contingency search for which I introduced a VP from a similar business. It took much convincing to ignite the interest of this candidate and my client was very pleased with the introduction. They interviewed my candidate and formed quite a quick bond — several meetings later, the VP candidate received a verbal offer. After much contemplation, the candidate felt she was not ready to leave her employer for a vertical move and she declined the position.

Here’s where it gets dicey: in lieu of accepting the job offer, my candidate offered up a referral — one of her subordinates who she felt was ready to advance into a VP role. So, in essence the VP candidate who I sent to my client, in turn directly referred a candidate to my client who they ultimately hired.

Fees, Jeff's On Call!

Fee Agreements End the ‘Free Sample’ Defense



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 referral was a free sample.

How Client Pays:

Some fee-avoiders think that the more outrageous the lie, the more likely it will be believed.

Industry News

California Law Now Makes Employers Liable For Staffing Firm Violations



California flag and capitol

California flag and capitolCalifornia employers will now share liability with their labor contractors for complying with  state labor and wage laws, including safety and workers’ compensation laws.

Governor Jerry Brown signed into law the hotly contested AB 1897, which extends to nearly all employers rules that previously applied to temps and contract workers in the agricultural, construction and garment industries.

Fees, Jeff's On Call!

Whose Fee? Phantom Recruiters and Contract Terminations



ask-jeff4

Dear Jeff,

I have been in the industry for over 15 years recruiting across Europe and the Middle East, permanent search and selection for senior management up to board level positions across a variety of industries.

My team and I always look out for your column with intense interest. Even after 15 years in the industry I constantly learn new insights to improve our business and overcome the more unusual challenges. Thank you for that, because we could never get the information anywhere else at any price.

We have a long-standing client that asked us to start a contingent search a few months ago. We sourced a candidate, set up interviews, and finally an offer has been accepted. However they now realize the CV was

Candidates

If It’s Not In the Offer Letter, It Doesn’t Exist



fordyce-default

There are many misconceptions about offer letters. However, before you read this post, please be aware that this is not intended to be legal advice. However, I want you to know what an offer letter is and is not.

Up until about 15 years ago, some of my candidates got offer letters, some did not. It made no difference. Today, it is a matter of course. In fact, most of my candidates will not resign from their existing company until they receive an offer letter. They are correct to wait for the letter. However, even if they have one and it has been signed by both parties, it is not a contract of employment. An offer letter merely spells out a company’s intention to hire, but it is not a guaranty of employment and it is not a contract.