Federal Court OK’s Suit Against TheLadders: Breach of contract & deceptive practices

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ladders3During the many years this blog has reported the questionable practices of TheLadders, angry Ladders customers who felt scammed often commented that someone should file a class action against the company. Their wishes have come true.

The United States District Court, Southern District of New York, has ruled that a consumer action lawsuit may proceed against TheLadders, a job board that long claimed to be “exclusive” for “only $100k+” job seekers and “only $100k+ jobs.”

The case was filed March 2013 by Bursor & Fisher, New York City consumer class action attorneys. A month after the filing, TheLadders CEO Alex Douzet appeared on WNYC radio and said, “This case has no merit, and we hope that it will be thrown out of the court quickly.”

In an order issued March 12, 2014, the federal Court denied TheLadders’ motion to dismiss the suit brought by its customers for “breach of contract” and “deceptive acts or practices.”

Plaintiffs in the case allege they paid for job postings and resume services that TheLadders failed to deliver, and that TheLadders used deceptive advertising that often appeared on the company’s website:

“TheLadders reviews each job listing found online or submitted by recruiters and employers before it’s posted to ensure it meets the criteria of a $100K+ position.”

The Court noted that TheLadders advertised itself as:

“a premium job site for only $100K+ jobs” where “[e]xperts pre-screen all jobs so they’re always 100K+” and members would “find hand-selected and pre-screened jobs that are $100K+.”

50000jobsPlaintiffs say that job positions either did not exist or had salaries less than TheLadders promised. But in its motion to dismiss the case, TheLadders asserts that its customers should know better than to confuse ads on the company’s website with promises the company makes in its contract. The Court noted in its order that:

“The defendant [TheLadders] argues that these representations were mere advertisements and were not terms of any contract.”

Some of the plaintiffs also allege that TheLadders “scammed” them and was “knowingly deceptive” when it offered an “expert resume critique” that was actually just a sales pitch copied from a “crib sheet.” One of the plaintiffs says a resume “expert” at TheLadders produced a scathing critique of his resume — which he had previously paid TheLadders to write for him.

TheLadders told the Court that its Terms of Use “disclosed that the website would not guarantee the quality of the job listings or the services.”

ladders5The Court wrote:

“…the resume plaintiffs’ allegation that misrepresenting a sales pitch as ‘expert resume critique’ is also sufficient to support an inference that the defendant’s behavior was ‘knowingly deceptive,’ especially in light of the alleged instructions to the sales personnel on how to represent themselves as ‘writer[s] and analyst[s]’ in order to convince the client about their qualifications.”

The Court granted TheLadders’ motion to dismiss claims of plaintiffs who were outside the statute of limitations, but the Court denied TheLadders motion to dismiss all the plaintiffs.

According to the complaint,

ladders4“From its inception until September, 2011, TheLadders scammed its customers into paying for its job board service by misrepresenting itself to be ‘a premium job site for only $100k+ jobs, and only $100k+ talent.’ In fact, TheLadders sold access to purported ‘$100k+’ job listings that (1) did not exist, (2) did not pay $100k+, and/or (3) were not authorized to be posted on TheLadders by the employers.”

In 2011, TheLadders stopped its “Only $100K+ jobs” advertisements (see Running On Empty: TheLadders folds up its shell game).

The Court ruled that the plaintiff “has sufficiently pleaded a claim that the defendant breached the June 2010 Terms of Use.” The Court also ruled that facts pleaded by the plaintiffs “give rise to a plausible inference that the allegedly deceptive transaction occurred in New York,” and that the plaintiffs have standing to assert claims under the law.

The long-awaited class action lawsuit against TheLadders for breach of contract and deceptive acts or practices may now move forward in federal court.


Unrelated to the case, employers have also alleged that TheLadders misrepresents salaries. In a 2011 Ask The Headhunter column (also reported on ERE.net) a recruiter at Royal Dutch Shell said that TheLadders scraped low-paying jobs from Shell’s website without Shell’s knowledge and pawned them off on TheLadders customers as higher-paying jobs. The recruiter said that the job applicants blamed Shell when they appeared for interviews only to learn the jobs paid salaries nowhere near what TheLadders represented. Referring to the overhead cost of interviewing inappropriate applicants channeled through TheLadders, the Shell recruiter said, “I’d love to charge them [TheLadders] for the amount of my time they wasted.”

The excerpt below is from a newsletter written by then-CEO of TheLadders Marc Cenedella — who pitched a feature of his service that the Shell recruiter gave the lie to just a few months later:

cenedella3

In June, 2011 Cenedella announced a new service — “A job offer. Guaranteed. Or your money back” for $2,495 — which included a new resume and an “advisor.” One month later, TheLadders announced cut-rate prices for all job seekers.

In a few short years, TheLadders went from “exclusive” and “Only $100K+”, and from offering resume services priced at $2,495, to “hardly exclusive” — and today there is no indication on TheLadders website that it offers resume services or guarantees of any kind. Today it’s just another job board, mired in costly litigation with angry customers who have been complaining about TheLadders questionable practices for years — customers who are finally getting their day in court.

Today, Marc Cenedella is Executive Chairman of TheLadders and CEO of Knozen.com, an under-construction website that’s taking names of people who want to be notified when the site is working.


Related articles

TheLadders sued for multiple scams in U.S. District Court class action | TheLadders: How the scam worksTheLadders: A lipstick pig’s death rattle? | TheLadders: Going Down? | Rickety, Leads Nowhere | The Dope on TheLadders | Marc Cenedella Sells E-mails: $30/month | TheLadders: Job-board salary fraud? | TheLadders: A Long-Shot PowerBall Lottery Tucked Inside a Well-Oiled PR Machine | TheLadders’ Mercenaries to Critics: They’re good eggs!

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Play Hardball With Slowpoke Employers

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When your job search stalls, two things stand out as big culprits: resumes and wishful thinking. Last week we discussed how your resume can hamper your job search. In this edition — Part 2 –, we’ll discuss how slowpoke employers can distract you from your goal of landing a good job.

In the March 18, 2014 Ask The Headhunter Newsletter, a reader asks what to do about employers who take forever:

fingers-crossed-2I’ve been interviewing with a company for about a month, including several phone calls and local interviews, and a flight to their HQ for five more interviews. It’s been three weeks since our last meeting. They say they are working through my references, but my references confirmed they have been contacted. All the while, the company is actively interviewing other candidates for the position I interviewed for. Am I’m being strung along until someone better shows up, or what? Also, how often should I follow up with them?

Nick’s Reply

There’s no explaining why a company takes so long — you’ll drive yourself crazy trying to figure it out. Don’t. Are you talking yourself into believing “this is a sure thing?” Don’t.

Is the employer hedging, stringing you along while it looks for a better candidate? Why worry about it?

Your question appears in a different form in Fearless Job Hunting, Book 8, Play Hardball With Employers, in the section titled “How can I push the hiring decision?” Here’s an excerpt from my advice:


This is a very common mistake when job hunting. The next act in the script is normally “the offer,” so job candidates ignore the clear signal to leave the stage. They desperately launch into their next speech — even when there’s nothing doing. I’ve seen top executives in utter denial when the employer stops the process, and they make fools of themselves trying to “get the process back on track, because I really want this job.”

Don’t try to push an employer that has told you it doesn’t want to go. Instead, move yourself toward your next opportunity. (If they call you back later, that’s great — if you’re still available.) Otherwise, you’ll waste precious time on a company that can’t make a decision. Be grateful they were honest about it. But move on. If you pester them, you’ll tick them off. (“Didn’t this person hear us? We’re not making a decision right now. We’re busy.”) Annoying puppies get kicked — no matter how enthusiastic they appear.

Reprinted from Fearless Job Hunting, Book 8, Play Hardball With Employers, “How can I push the hiring decision?” p. 14. Book 8 includes:

  • Put the manager on notice
  • Skip The Resume: Call the CEO
  • Do they owe me feedback after an interview?
  • hardballWhat’s the secret to the thank-you note?
  • Avoid Disaster: Check out the employer
  • How can I push the hiring decision?
  • Playing hardball with slowpoke employers
  • One interview stalled, one moving too fast
  • Line up your next target
  • Thanks is not enough
  • Due Diligence: Don’t take a job without it
  • Judge the manager
  • Get an answer at the end of the interview
  • PLUS: 8 How to Say It tips
  • PLUS: 4 sidebars packed with advice to give you the insider’s edge!

I’ve seen people put their job search on hopeful hold for weeks if not months, waiting for “the job I really want” to come through. When the slowpoke employer doesn’t come through with a job offer, they realize they’ve wasted precious time. Their motivation and job-hunting energy has waned. Their enthusiasm has turned to helpless depression. And it all shows as they try to revive a moribund job search.

Don’t take a rest while you wait for just one employer to “decide,” no matter how promising the situation looks!

But there’s another important reason why “moving on” is a good strategy. You might find that the employer you’ve been waiting on is just a slowpoke who finally gets back to you with an offer. If, rather than waiting, you have cultivated other opportunities, you’re suddenly in a much stronger negotiating position. With other options in play, now you have choices. Having options may empower you to negotiate a better offer — and even to avoid taking a job you don’t really want, just because there’s nothing else.

Play hardball with slowpoke employers. It’ll keep you out of trouble, and it’ll make you feel better, too. Follow up once. If an employer is being a slowpoke and hedging its bets by trying to find better candidates for a job, your best bet is always to control your job search by continuing your efforts to find more opportunities.

What’s the excuse the employer gives you for its decision delay? It may be legit, or it may be a hedge so it can find a better candidate. Who cares? How do you spend your time while waiting on a job offer?

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2 Big Time Sucks: Resumes and slowpoke employers

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When your job search stalls, two things stand out as big culprits: resumes and wishful thinking. The next two questions from readers will help you flesh out better methods for managing your job search. We’ll cover resumes in this edition, Part 1, and wishful thinking about slowpoke employers next week, in Part 2.

In the March 11, 2014 Ask The Headhunter Newsletter, a reader asks how to disguise short-term jobs on a resume:

The longest I’ve been with an employer is two years. Is this an immediate alarm for employers when they look at my resume? If so, what are some ways I can disguise this history on my resume? Maybe by not listing so many employers, and maybe by putting more skills under each position? Also, is it a bad thing to have gaps in between jobs, or is it better to try to have temporary jobs that you can include on your resume?

Nick’s Reply

cinder-block-shoesWhen you’re drowning, is someone more likely to help you if you keep the concrete boot on your right foot, or if you move it to your left foot?

Come on — stop wasting your time worrying about how something looks on your resume. Throw out the resume! (Do you really want to defend a resume when you finally get to an interview?)

Disguising your history and work gaps will get you into trouble. There’s really no way to pretend. Please stop trying to game the process with clever resume techniques, and solve the bigger problem. Your best bet is to not use a resume to find a job.

Cultivate relationships with people connected to the businesses you want to work in. Demonstrate who you are and what you can do. These new contacts are your best chance at a direct introduction to managers who will rely on these recommendations to judge you — not on your flawed resume. Between 40%-70% of jobs are found through personal contacts. Resumes get in the way. (Resume Blasphemy explains the problem in more detail.)

So, what do you use instead of a resume when you get introduced to a manager? How do you communicate your value?

This is an excerpt from Fearless Job Hunting, Book 3, Get in The Door (way ahead of your competition), “It’s the people, Stupid,” pp. 6-8:


Your “written work” need not be a resume. Instead, create a brief business plan for each job you want to go after. This will ensure you have something useful to say when you finally talk to the right manager. (A recitation of your experience is not useful!)

  • business-planWhat’s the problem (or the opportunity) the manager faces?
  • What are the possible solutions?
  • What resources will you need to achieve it?
  • What’s your short-term and long-term plan for doing the work?
  • What are the obstacles?
  • What’s the payoff to the employer and to you?
  • What questions do you need answers to?

You’ll develop answers and a plan through your personal encounters. It’s an ongoing project. When you get close to your objective (the right manager), you’ll have everything you need to show you are a profitable hire.

Note that none of the bullet points above ever appear on a resume. While your competitors are busy writing about their history, you’re writing up a plan for your next employer’s future. Which do you think will impress the employer more?

Reprinted from Fearless Job Hunting, Book 3, Get in The Door (way ahead of your competition), which includes these sections:

  • Where do jobs really come from?
  • Uncover hidden jobs
  • It’s the people, Stupid
  • Drop the ads and pick up the phone
  • Shared Experiences: Path to success
  • Pest or manager’s dream?
  • Searching for a top job confidentially
  • Don’t provide references – launch them!
  • I don’t know anybody!
  • PLUS: 5 How to Say It tips
  • PLUS: 8 sidebars packed with advice to give you the insider’s edge!

Resumes waste your time because they lull you into believing they “represent” and “sell” you. How many top sales reps do you know that make their sales quotas by sending out “product literature?” Get my point? It’s the people, Stupid! You have to go meet and talk to them, and make your case one on one! You can’t send out a flyer…

People invest inordinate amounts of time “honing” their resumes. Why? Partly because the employment system brainwashes them, and partly because messing around with a resume seems so much easier than going out to meet the people whose recommendations get other people hired — while you’re messing with that resume!

Next week, we’ll discuss another waste of time — slowpoke employers who interview you then keep you waiting. Don’t miss Part 2!

Do you like being unemployed? (Sorry — that’s of course a loaded question!) Then why stretch it out? How do you make your job search efforts count? Do you eliminate the time sucks? Do you mix it up, one on one, to get your interviews, or do you mail out sales flyers (aka, resumes)? How many loaded questions could I possibly squeeze into this teaser to encourage you to post your comments??

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Make the employer WANT to raise your job offer

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In the March 4, 2014 Ask The Headhunter Newsletter, a reader asks how to negotiate a higher job offer. But this is more than our normal Q&A column.

I recently had a rapid-fire e-mail exchange with a reader who was trying to get a low offer raised. This is not an easy thing to accomplish, and employers often decline. More important, the applicant usually doesn’t know how to justify a higher figure. I think it’s worth printing the entire exchange, rather than just a Q&A. I hope you find the details of this give and take interesting and helpful.

Question
raise-the-anteNick: People must drive you crazy but I do not know who else to reach out to in this situation. I got a job offer today for an attorney position. I was really excited, and then I heard the offer. It was so low. They were looking for an attorney with five years experience, whereas I have 28. Even for five years, I thought the offer was low. I knew I would have to take less money, but not this much less. So how much do I counter with? 10% more, 20% more? I am terrible at these things. Thanks so much for your advice!

Nick’s Reply

Congrats on the offer. Now you must decide, first of all, whether you want this job so much that you would, in the end, accept the offer as it stands. Would you?

I’ll say more once you reply. But that’s the main question you must answer — yes or no to the existing number — because odds are they will not raise it. But they might. I’ll respond with advice once you answer my question.

Reader’s Response
Yes, I would take the low offer as it stands. My bank account is dwindling and I have little choice. It’s better to have a job when looking for another, than none at all. I just don’t know how to make the suggestion for more money. Thank you!

Nick’s Reply

It’s entirely up to you to decide how much you want, but being willing to accept the existing offer gives you a special kind of leverage. I’m not suggesting a person can negotiate a better deal only if they’re willing to settle for what’s offered. But let me explain how you can exploit this situation to your advantage. There is something you can say to make the employer want to raise the offer.

You see, there are two things that are often more important to an employer than money: Your level of motivation and your commitment. Put those on the table, and you have leverage.

(Note to readers: Sometimes, it’s best to turn down that job offer if it’s very low — but this reader has made a decision to accept it. I don’t make judgments when people need to put food on the table. My objective is to help raise the offer to any extent we can.)


This advice is reprinted from Fearless Job Hunting, Book 9: Be The Master of Job Offers, pp. 8-9:

There’s a very powerful way to negotiate for more money that will not compromise your rapport with the employer — if you’ve already decided you’re willing to live with the original offer. Here’s How to Say It:

“Thanks for your offer. I’m ready to accept it, but I’d like to discuss the salary first. [For reasons A, B and C…], I believe I’m worth $2,000 more than you’re offering. But I don’t want you to misunderstand: This is not a large difference, and I have already decided I want this job. To show you my good faith, I’ll accept your offer as it is. But I’d like to respectfully ask you to consider raising it by $2,000, for the reasons I’ve cited. I’m glad to discuss how you see this, and whether you agree. But either way, I want to work here, and I’m ready to start work in two weeks.”

That’s a very powerful negotiating position to take, because you’ve made a commitment and a concession. Now you’re asking the employer for the same.

I don’t know any negotiation technique that takes this approach, probably because most negotiators don’t start with the plan of accepting the original offer. The upside of this approach is that it can still lead to a higher offer, but without jeopardizing the position you’ve already attained… By making a commitment to the company first, you establish a level of credibility that may strengthen your negotiating position. You must judge the trade-off in your particular situation.

This Q&A is excerpted from Fearless Job Hunting, Book 9: Be The Master of Job Offers, which includes these sections:

  • The company rescinded the offer!
  • Non-Compete: Did I really agree to that?
  • Am I unwise to accept their first offer?
  • Can I use salary surveys to goose up the offer?
  • The bird-in-the-hand rule of job offers
  • Juggling job offers
  • Give us the pay stub
  • Vacation Time: What’s good for the goose
  • How do I decide between two offers?
  • How to decline an offer
  • Does a counter-offer include pay-back?
  • Am I stuck with this non-compete agreement?
  • How do I ensure the job offer matches the job?
  • How to avoid a “bait and switch” job offer

Reader’s Response
I read Be The Master of Job Offers, then I called the guy and asked for more money. I phrased it as, “I hope you have some flexibility…” and asked for 7.5% more. He did not think that was unreasonable, and said he agreed with that but had to check with management and will get back to me quickly! I think it will work out. It is still not close to what I was making, but I am happier with this number. Things have changed drastically for millions of people in the last few years and it is what you do in the present that matters. My goal is to not look back but forward. Thank you so much, Nick, for all your help and your empowering book.

Nick’s Reply

You’re welcome. You made my day. Something told me you’d at least try something from the book — and those are the people I do this for. Whatever happens, you took a stand and you made a sound effort. My compliments. I hope it all works out for the best for you.

Reader’s Response
Hey, Nick, just an update! As you know, I asked for more money and they came back today with just a bit less than 7.5% and I took the job. So, not anything close to what I used to make, but I got more because I asked, so I feel good! Once again, I cannot thank you enough for all your wisdom, the book, and your support.

Note from Nick

more-moneyNot every negotiation for more money succeeds. But knowing how to leverage any advantage you have — even if it’s the stark fact that you need that job — can make the difference between no increase and something more. It’s usually difficult to think straight when an offer is on the table and the pressure is on. But as this reader has shown, an effective request can pay off!

By making the commitment she was ready to make anyway — to accept the job — the reader made it much easier for the employer to raise the offer simply because she asked. Commitment and motivation are two things that are often more important to an employer than money. (These are two of the cornerstones of How Can I Change Careers?) You can always use them to strengthen your negotiating position.

Have you ever convinced an employer to raise a job offer? How’d you do it? What other methods would you have suggested to this reader? If you’re an employer, please tell us what influences the final offers you make. Join us on the blog!

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Can people of color win jobs using Ask The Headhunter?

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In the February 25, 2014 Ask The Headhunter Newsletter, a reader asks about racial challenges:

I was on the PBS NewsHour.org site and discovered your advice columns. I liked your disruptive advice so I went to your website, read several pages, signed up for the newsletter and bought Fearless Book 3. As an immigrant female POC [Person of Color] I think some of your advice is too much because our communities lack those ties, and the Anglo community is largely biased and resistant to sharing.

I also think that POC [People of Color] would be taken to task harder if they implemented some of your more radical advice. That is, they’d be seen as scary rather than persistent. Overall, however, I did enjoy your advice and I think it would be be interesting to hear specifically from POC that followed your process, so please consider a series of posts, and please consider addressing bias and ways to overcome it. Thank you.

Nick’s Reply

Thanks for your note — you’re raising an important topic. I’ve grappled with questions about discrimination since I started publishing Ask The Headhunter. I think there are two clear options, and a bunch of tricks.

people-of-colorThe first option is to sue the company that discriminates. Like it or not, that can be costly, but it’s the main remedy available under the law. You can also file complaints with regulatory agencies. But these approaches won’t help you land a job.

The second option is to make your value to the employer a higher priority than the company’s biases against you. This takes a bit of work, but I think it’s a better plan. I won’t get into details about how to do this here, because virtually all of Ask The Headhunter addresses the “how to.”

Option one forces the employer to comply; option two convinces the employer that hiring you is the best thing to do. Of course, success does not mean the employer will stop discriminating otherwise.

Then there are the tricks: Avoid letting the employer see your skin color or guess your race until you get the interview. Color your hair to remove the grey. Use an initial for your first name to avoid disclosing you are female. Change your last name to hide your origins. When you finally face a bigot in the interview, you’re still toast — except you’ve wasted your time, too. None of this will really help you.

I don’t agree that the methods I teach are “too much” or that POC communities lack ties that help their members get ahead. (Don’t say, “I don’t know anybody.” That’s bunk.) Nor do I agree that the Anglo community is largely biased and resistant to sharing – that’s like saying POC are largely one way or another. In Fearless Job Hunting, Book 5: Get The Right Employer’s Attention there’s a section titled “Don’t walk blind on the job hunt” where I offer this important suggestion:

Know who you’re calling, or don’t call them. If you don’t know the person you want to call, first call someone who does and get introduced.

I think the only way to be successful at job hunting is to take everyone and every situation individually and personally, and to make judgments and choices accordingly. Lean to live like an exception.

Of course, discrimination is real, and so are cultural and personal attitudes. You’re showing a bit of bias against Anglos, and I’m sure some people have revealed their biases to you. I’m not in a position to change any of that, except to tell people to stop doing it.

To me, the fundamental truth is that our society tends to favor productivity and people who can produce what others need and are willing to pay for. (See Hiring Manager: HR is the problem, you are the solution.) The path to a career and a life based on that is fraught with problems and challenges. There’s nothing easy about it. You’ll be ignored and rejected even if you’re quite productive. But it’s even less likely that you’ll be hired (or start a business) and become successful if you are not highly productive.

So learn to show how you will be productive for the employer in question. Lead with that. Don’t lead with your past, don’t lead with a chip on your shoulder. (If the chip is big, then sue the bastards.)

stand-outNot all people start out equally in their efforts to be productive and successful. Some must surmount incredible obstacles, including racism, discrimination, sexism, ageism, and more isms than we can count. But in the end, our society craves and rewards productivity and profit. (What did you pull off?) If you can take something and add your skills, acumen, insights, hard work and persistence, you’ve got a chance at success. That’s what I try to teach with Ask The Headhunter, and it’s what we discuss on the blog every day: How to do it.

You seem to like the ATH approach, but you doubt it can work for you and other people of color. All I can suggest is that you bend and shape some of these methods into something you think you can try on your own. This is not “all or nothing.” And your good judgment must temper it to suit your goals.

Now let’s get to your final request: How have people of color — and people who are discriminated against for other characteristics — used Ask The Headhunter effectively? How has ATH failed them? What’s the best way to use these methods? These are questions for this community, and my guess is there are some great ideas and tips forthcoming.

How have you used Ask The Headhunter to overcome discrimination? Or, maybe you tried and it didn’t work. If you’re a manager, and you’ve been a bit biased, did anyone ever overwhelm you with reasons to hire them anyway? (You may post using a screen name — no one will hunt you down.)

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Should I stay at my current company?

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In the February 18, 2014 Ask The Headhunter Newsletter, a reader can’t decide whether to stay or go:

I’m feeling itchy — I think you know what I mean. This is probably what a headhunter like you looks for in a job candidate for your clients. Someone who is ready to move! I’m happy at my job at this company, but I’m wondering if something better is worth jumping ship for. But then I realize how good I’ve got it here. How do I know whether I should stay?

Nick’s Reply

This question is more common than some people might think — it’s natural to ask it again and again during your career. Since I’ve already covered it in one of my books, I’m going to reprint the pertinent section. I hope it helps you work this out!


From Fearless Job Hunting, Book 1: Jump-Start Your Job Search, pp. 11-12.

Why should I stay at my current company?

should-i-stayQuestion: I’m considering leaving my company. I’ve been pretty happy here and the company has been good to me. Now there are some good opportunities I’ve learned about that would pay better. But I’m worried about “the grass is always greener” effect. That is, my current company and job might in fact be the best thing for me. How do I go about evaluating what I’ve got here?

Nick’s Reply: You’re smart to consider this so carefully. I’m convinced that the most common underlying reason for job change (whether as a result of employee dissatisfaction, or downsizing) is that people take the wrong jobs to begin with. Sometimes they jump to a new job without good reason.

The key to success is to judge any company — including your current one — by its people, its products, and its reputation.

Another issue, of course, is the compensation. Be careful. There’s more to compensation than a few extra bucks. It’s up to you to figure out how much the intangibles at your current company are worth. There are some valuable intangible benefits to consider. (Their value to you depends, of course, on the quality of your current employer and job.)

  • Credibility. Your reputation and credibility are probably well-established. You don’t have to waste a lot of time and effort proving yourself to your employer. You can focus on being productive. Your credibility also positions you for internal career growth, so go talk to your boss.
  • Culture. You understand and can work within the culture and politics. You’ve paid your dues. In a new company, you’ll have to learn all over again how to navigate the system.
  • Efficiency. You’ve probably got your work organized well enough that you’re working efficiently and without working any more hours than necessary. In a new company, you will of course learn new things, but probably at the cost of a longer work day.
  • Community. You have established solid friendships and working relationships. It’s good to meet new people and learn new ways of doing things, but there’s also something to be said about being part of a solid community.
  • Seniority-based benefits. You have been around long enough to qualify for a pension program and other seniority-based benefits. For example, there’s often a significant delay before you can participate in a new employer’s 401(k) plan. That can cost you a lot over the years. If you’ve held your job for several years, you probably get several weeks’ vacation each year. Changing employers may reset your vacation time to two weeks.

Before you accept an offer elsewhere, make sure you know what you’re giving up and what you’re getting into. Be ready to accept the price, or enjoy what you’ve got.

If your desire for something new is stimulating your interest in changing jobs, consider changing jobs internally. Staying with your employer doesn’t mean you must stagnate. You can begin an aggressive campaign to change jobs without changing employers.

This Q&A is reprinted from Fearless Job Hunting, Book 1: Jump-Start Your Job Search, which includes these sections:

  • Introduction: How to start a job search
  • The myth of the last-minute job search
  • Changing careers 1-2-3 (and 4)
  • How to start job hunting now
  • Can old experience win a new job?
  • Why should I stay at my company?
  • I’m losing my job!
  • How do I say I got fired?
  • How do I explain being unemployed?
  • Why can’t I keep a good job?
  • How can I change careers mid-stream?
  • PLUS: 8 How to Say It tips
  • PLUS: 9 sidebars packed with advice to give you the insider’s edge!

To pick up where the reprint leaves off, if you’re considering changing jobs internally, check out JHBWA (Job Hunting By Wandering Around). That new opportunity might be nearer than you think — with virtually no competition.

There are of course many more factors to think about before you jump ship, but these are some that I think are easily forgotten.

When the itch to move comes upon you, what do you do? What other factors do you consider? How do you evaluate your options?

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Reddit AMA Overflow Q&A

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nick-reddit-11Thanks for joining me on today’s Reddit AMA (Ask Me Anything)! The questions were great and so were your comments! (But doesn’t anybody want to know what my favorite band of 2013 is??)

For more Ask The Headhunter resources, please check the website and the bookstore. Sign up for the free weekly newsletter — and join us here to whack a mole no matter what the topic is!

If you’ve got more questions, comments, or just want to hash through the topics we discussed, please post them here.

I’ll do my best to reply, and I invite the Ask The Headhunter community to pile on, too — their insights are usually better and more incisive than mine!

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Reddit AMA (Ask Me Anything) – It’s ON again!

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nick-reddit-11And now for something completely different…

Join me today, February 11, 2014 for a special Ask The Headhunter Reddit AMA — Ask Me Anything — at 1pm ET.

Here’s the direct link to the AMA: http://redd.it/1xmn3g

I’m doing this in cooperation with my good buddies at PBS NewsHour, where I produce a weekly Ask The Headhunter feature. (If you’re a marketer, don’t miss my weekly column on CMO.com.)

We’ve done “open mic” on the Blog before, where you pound me with any and all questions, and I try to pound my keyboard and tackle them all without passing out. But this is something new — I’ll be answering questions throughout the day, and I hope we’ll attract some new “regulars” to Ask The Headhunter!


If you’re new to Ask The Headhunter, here are three good introductions to what this community is all about:

Ask The Headhunter In A Nutshell: The short course

Ask The Headhunter: Introduction

And a sampling from a recent edition of the Blog: Big HR Data: Why Internet Explorer users aren’t worth hiring


So please pile onto the Reddit AMA – at 1pm ET — Ask me about jobs, recruiting, hiring, stupid HR tricks, what I had for breakfast, where I like to backpack, and what my favorite band is! (Anything!)

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What’s up with clueless interviewers?

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In the February 11, 2014 Ask The Headhunter Newsletter, a reader gets fed up with interviewers who are unprepared:

What about interviewers who haven’t read your resume? An interviewer asked if I have done any programming, when my resume clearly states that I’m a programmer. Sometimes I’m asked if I know this software tool or that one. If I did, I would have listed them on my resume! I can learn new tools quickly, but they don’t want to hear it!

What is up with interviewers who ask questions that are answered clearly on my resume, and who want a perfect match of skills?

Nick’s Reply

cluelessIt means that the interviewer either didn’t read your resume, or is at a loss for what to ask. Just the kind of person I’d love to work for — someone unprepared!

Some managers will argue that they are very busy and don’t have time to review a resume carefully before they meet you. Yet they expect you to be well-prepared for an interview. This is a sign of a lousy manager.

Should an interviewer expect that you listed every relevant fact on your resume? Sorry, no. I can’t assume you listed everything on your resume. Or, I may be initiating a discussion about a specific detail. “Do you know this tool?” might be just another way of asking, “Tell me about your expertise with this tool,” and that is a legitimate question.

The problem of employers dismissing quick learners too readily, however, is a dirty little secret of interviewing in many companies. They aren’t interested in the fact that you can learn almost anything in a few days given some good manuals and a little peace and quiet. They’re interested in hiring someone who can do the job “yesterday.”

The fundamental problem, of course, is that many managers are not good at assessing a job applicant. Other than ticking off buzz words from your “skill set,” they have no idea how to judge whether you can ride a fast learning curve without falling off.

Why do you think there’s such a “shortage” of qualified technical people? It’s mostly nonsense. Anyone can hire an employee who can do one particular task today; that is, a person who has been doing exactly that work at his old job. But it takes a good manager to hire and coach a good employee who can master new tasks that come along.

A good question to ask interviewers is this: “How many of your team members are doing work today that exactly matches the job description they were hired to do originally?”

That will tell you a lot about whether the manager knows how to manage talent rather than just skills.

What all this means is that you, the job applicant, must find subtle ways to take over the interview so you can demonstrate that you’re the profitable hire. This article can help you get started: The Basics: The New Interview.

If you really want to wow the interviewer without resorting to silly tactics recommended by some of the “experts,” try this: “The Single Best Interview Question… And The Best Answer.” Caution: This is a lot of hard work. But, then again, so’s that great job you want, right?

Do interviewers behave like clueless dopes? How do you raise the bar when you interview? And, how do you avoid having your time wasted?

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Big HR Data: Why Internet Explorer users aren’t worth hiring

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In the February 4, 2014 Ask The Headhunter Newsletter, we’re catching up on the TV news segment I told you about recently…

Ask The Headhunter Video

This space is normally devoted to Q&A: A “live” problem faced by a reader, and my advice. But two weeks ago, in the January 20 edition, I asked for your input about how employers use “Big Data” when recruiting and hiring.

I was preparing for an appearance on Brian Lehrer’s TV news magazine. Your comments and suggestions were very helpful — many thanks! I promised I’d share the program with you after it aired, and I’m devoting this week’s edition to it.


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In this segment, we’re joined by The Atlantic columnist Don Peck, whose article, “They’re Watching You At Work,” is a deep dive into the use of people analytics in hiring. Thanks to CUNY TV and to Brian for his pointed questions. (Brian’s main gig is on New York City’s NPR affiliate, WNYC radio. I’ve enjoyed being his guest many times.)

Corporate HR departments and recruiters have been misusing Big Data — online resumes, applicant tracking systems, job application forms — to recruit and hire for almost two decades. They solicit millions of applicants, then claim none fit the bill. Is it your fault for playing the cards they dealt you in a game they rigged?

According to Peck, it’s no surprise that now employers are doubling down on technology and Big Data, and buying oodles of information about you — so they can correlate it to their fantasy of the perfect job candidate.

For example — no kidding — the browser you use correlates to how successful you will be if you’re hired. Internet Explorer users are “less apt” — no jobs for them! In this data-rich recruiting approach, people analytics render a “decision” about whether to hire you.

What do you think of the ideas discussed in the video? Is HR just getting dumber? Check it out, and post your comments!

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