Question
I thought the job posting was legit, so I applied online. Then I had to submit my resume and did a grueling 45 minute “robo”-interview with no real interviewer. Then I filled out more online forms, took a skills test (also online), submitted my list of references and waited. And waited. Yup — they ghosted me. Throughout all this, no human ever spoke to me. And that job? I learned from a company insider there was never any such job open to begin with! Just how widespread are ghost jobs and ghosting? How can we avoid having our time wasted by unethical employers?
Nick’s Reply
Well, you could move to New Jersey and cross your fingers. The state’s legislature is considering a “no ghosting” bill (A4625) that sets forth requirements for publicly advertised job postings. For example, you would never have the experience you described because the job posting would have to state whether it is for an existing position.
The measure, which was approved by the N.J. State Assembly Labor Committee, also requires an employer to provide a time frame in which the employer anticipates filling the position, and to remove a job posting when the job has been filled. The bill is still in the legislative process.
Ghost jobs & ghosting of job seekers
It gets better. (Maybe in response to the “tricks” of ghosting this is the “treat” part of Halloween?)
The bill also would also stop employers from ghosting job candidates after interviewing them. The bill provides that,
“If the employer interviews an applicant for the position, the employer is required, within the time frame provided in the job advertisement, to provide the applicant with an affirmative response as to whether the position has been filled, or if the position has not been filled, [and] whether the employer is still considering the applicant for the position.”
Could it get any better?
This legislation also targets recruiters and job boards.
“Third-party job posting entities [are required] to remove positions that have been filled, and it provides the Department of Labor and Workforce Development with the authority to audit employers and third-party job posting entities for ongoing violations. Any person who violates the provisions of the bill will be subject to civil penalties.”
The trouble with New Jersey is that virtually no news outlets picked up this story.
Ghost jobs & ghosting of job seekers: It’s Halloween every day
Needless to say, business groups protested at a Labor Committee hearing — just as they protested the $15/hour minimum wage. A local radio station reported that Assemblyman Brian Bergen, who voted against the bill, complained, “We always attack the employer and it’s not right. This bill does not solve any legitimate problem out there. This is not an issue.”
Ghosting? There’s no ghosting by employers going on in this fair state!
Assemblyman Joe Danielsen, a sponsor of the bill, was having none of that. “These practices harm job seekers by wasting their valuable time and effort on non-existent opportunities.”
Yes, it’s that simple. For job seekers, ghosting has made everyday Halloween and has turned employers, recruiters and the job-board industry into shameless tricksters. The N.J. Assembly should see what our community has to say: Ghosting: Hard lessons about recruiters & employers.
Penalties
Employers with 10 or more employees would be affected. Violators would be issued a warning and scofflaws would be fined no less than $1,000 but no more than $5,000 for each ghosting incident. (How many expired or fake job postings can you count?) If the violation continues past a month, it will be considered a new violation exacting another fine. For example, if an employer or job board fails to remove an offending posting, the fine is assessed anew.
Of particular interest is references in the bill to “third-party job-posting entities,” which presumably includes headhunters, recruiters and job boards. It will be interesting to watch the progress of this bill — but people in New Jersey and across the nation need to be aware of it.
To the N.J. legislator who voted against the bill because “This bill does not solve any legitimate problem out there,” I say BUNK! This is a problem of epic proportions that affects every job seeker in the nation. Mouthpieces for business groups that cry it’s not right to “attack” employers should try to find a new job — if they can find a legitimate job posting! And political ideologues who argue “there’s too much government regulation” — well, you probably haven’t had to look for a job in a very long time!
What you can do
To answer your two questions, ghost jobs and ghosting of job seekers is prevalent enough of a problem that legislators — at least in N.J. — felt it was time to start regulating the public recruiting process.
What you can do is send a copy of N.J.’s bill A4625 to legislators in your state — and in the U.S. Congress and the Senate — and urge them to enact laws to stop employers from posting ghost jobs and from ghosting job seekers after recruiting them.
Do we need regulation of job advertisements and the job interview protocol? How would you make N.J.’s bill more effective? Do you think it would pass into law in your state? What else can we do to fix this epidemic of job fakery and associated trouble it causes job applicants?
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I appreciate your situation: full-time job and no time to job hunt. However, if you do it the right way, it shouldn’t interfere much with your current job.
Thanks for your kind words about Ask The Headhunter and welcome to the Newsletter. Your question has two parts: how to handle interview questions about why you left a job, and how to deal with a potentially nasty reference. My advice about the first: 
Ah, a case of “reverse age discrimination!” You’re too young! I wonder how many older readers would trade places with you, swapping the kind of discrimination you face with what they’ve encountered. In a sense, it’s all the same, and it’s silly. What matters is not a number of years but the ability to do the job profitably, and that brings us to the question of experience.
Oh, the stories I could tell you. But first let me give you my advice. Don’t stop making personal introductions between job seekers and employers that respect you. This is the coin of the realm. Trusted recommendations make the world go ‘round. It’s still the best way to hire and get hired. It’s also a great way to make new friends!
When it comes to assessing job applicants, yes, most (not all) managers and personnel jockeys (especially recruiters) are pretty stupid. I think it’s because, first and foremost, they’re lazy. After indiscriminately soliciting thousands of applicants via “fire hose advertising” (a.k.a. cattle calls) they need a quick way to reject as many of those applicants as possible. If you’ve been downsized, you must be no good. On to the next applicant, because applicants cost nothing!
Despite all the financial scandals that we have seen over the years, most of us financial types by our nature have a hard time lying. For the most part, it just isn’t part of our DNA.
I think career change has become more common, if not necessary, than it’s ever been. Look around: our economy is still in upheaval. But one thing that hasn’t changed is that moving from one career field to another usually exacts a cost in salary, at least for a while.
Just try networking when living in a career desert where you are judged by party affiliation, where you reside, and the “what can you do for me” mentality.
I’ve been a fan of your newsletter and website for years. I know that networking and making connections is the best way to find the right job. In a perfect world, I’d love to bypass the recruiting machine. Sometimes, though, I come across a job posting that I want to pursue. How do I increase my chances inside the machine?