Control what your professional references will say

Control what your professional references will say

Question

professional referencesI’m in the final phase of getting a job offer I really want. They already told me what the offer is, but they need to check my references before they deliver it in writing. I know my professional references are good but how do I really know what a former boss or colleague is going to say? Your advice will affect whose names I give out. Thanks.

Nick’s Reply

You know what your references will say by controlling it in advance. You’d never go to a job interview without being prepared. So, why would you let your references talk to an employer without preparing them?

Having checked thousands of references — always on the phone, never via e-mail — I’ve found that most are bleah at best. A bad reference is rare and a superlative reference is uncommon. But without a lot of prompting from me, a candidate’s references usually have little to say. They’re unprepared.

How your professional references can hurt you

This is bad for two reasons. First, an unprepared reference comes off as unenthusiastic. Enthusiasm about the candidate in question is paramount in a reference check. An awful lot of insight and information about a candidate is folded into the way their references speak about them.

Second, uninspiring comments about a candidate can count against them; for example, if other problems arise with your candidacy, there needs to be some countervailing fervor. If a reference can’t speak enthusiastically about the candidate, I’ll go with a candidate whose references can.

Here’s the tragedy. People get rated #2 or #3 in highly competitive interviews not because they lack necessary qualities, but because their references aren’t prepared to deliver clear, compelling opinions about them.

Control what your references will say about you

Don’t lose a job offer because of your references. To pull this off, you must select professional references that will launch you into the new job you want. How do you choose whose names to submit? Well, you need to know what they’re going to say, right?

The robo-reference problem
What if an employer wants your references to fill out online forms or to talk to a robot, rather than take a call? See Before you risk your references.
The best way to control what your references will say is to coach them!

I’m going to offer a few observations and suggestions about how to control — yes, control — your references. I don’t mean manipulate; I mean prepare them to deliver opinions and comments that will make an employer want to hire you. There is nothing dishonest or underhanded about this. We’re going to exploit some simple laws of psychology. We’re going to prepare your references to do their best for you.

How to prepare your professional references

1. Call them
When you need a former boss or co-worker to step up and deliver a warm, enthusiastic endorsement for you, don’t make the request via e-mail. Make your request just as warm and personal. Use the phone. This is critical because only a conversation will enable you to control what they say. Of course, you must start by asking if they’d be willing to give you a reference. If they agree, tell them who is going to call, and very briefly outline the job you want.

2. Help them remember
When an employer calls, most references are taken by surprise. They’re in the middle of something else. They’re not thinking about you and your time working together. That’s why you need to call them first, to remind them what made you a great employee and to prepare them about the job you want. (If you have a solid relationship with the person, this is where you can disclose what you’re doing. “To be frank, I know how busy you are. I figured that recapping our work together might help with the reference call.”)

3. Say it out loud
Here’s a fun fact from the world of cognitive psychology: People remember better when they write something down or say it out loud first. More important, in this case, is that people also tend to repeat what they’ve already said or heard. So, when you ask your former co-worker or boss to serve as a  reference, recount your past experiences together out loud. Trust me: They are then likely to parrot the words from your conversation to the employer that calls them. This is how you’ll know in advance what they are most likely to say.

4. Recount successes
Ask if they remember a successful project you worked on together. Say this: “I know we faced some challenges, but I’m proud of how we did X, Y and Z.” Ask what they remember about it. Guide your discussion so they will recount out loud (a) what your contribution was, (b) how you did it, and (c) how it paid off. Let them say it so they can hear it.

5. Map skills
Briefly suggest which of your skills (that were so valuable to your old employer) will map onto the new job you want, and how they will pay off to the new employer. Then…

6. Ask for advice and insight
Briefly describe the challenges of the new job. Ask your colleague’s advice about which of your skills might contribute to your success. Ask how they suggest you should approach it.

7. What did you do best?
Help the colleague express out loud what you did best at your old job.

8. What would make you a better worker?
Ask this: “If you could give my new boss some advice about how to help me perform better, what would you say?” (This is a subtle way of influencing the answer to the infamous reference checker’s question, “What are this person’s weaknesses?”)

Prepare your professional references

As we’ve said, you prepare for your job interviews, so prepare your references for a reference call. People parrot what they hear. Help your references parrot themselves. Gently make them say it. Helping them say it out loud to you helps them remember it for the reference call.

Don’t expect to do everything I’ve suggested! Just what you’re most comfortable with and what there’s time for. And of course, there is no guarantee any of this will work — but it’s the best way I know to have some measure of control over your references. Don’t forget to thank your reference for their kind help, for taking a trip down memory lane, and for taking time to speak with who you hope will be your next employer.

Finally, say this: “If I can ever return the favor, don’t hesitate to call me.”

Objections?

Now I’ll try to anticipate a couple of objections you may have:

“I don’t feel comfortable doing this.”

Then why submit the person as a reference? Please think about it. If a former colleague is not likely to take a few minutes to discuss your experiences working together, do you really think they’ll help you get hired?

“I don’t have any references I know well enough to do what you suggest!”

This is a wake-up call. Start cultivating colleagues now, so you can count on their references in the future!

Do you have references you can count on? How did you cultivate them? How do you avoid awkwardness when requesting a reference? Has a reference ever torpedoed a job opportunity for you? Has a reference ever clearly tipped the scales to help you get hired? What tips would you add to the list above?

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Can they find out I was fired from my last job?

Can they find out I was fired from my last job?

A reader worries that getting fired means not being able to get a new job, in the August 18, 2020 Ask The Headhunter Newsletter.

Question

firedIf a person has been fired from their job, does a prospective new employer have the right to contact the old employer and ask the reason for the end of employment? I’ve heard previous employers can only state the dates of employment, compensation, and nothing else, but wasn’t sure if that was really true. This is assuming the firing is for general performance reasons and nothing egregious or illegal (something like embezzlement, drugs, or violence). Thank you.

Nick’s Reply

You should assume the new potential employer is going to find out, whether it has the right or not. Before I explain why, let’s check in with Mark Carey, an employment attorney and Guest Voices contributor on Ask The Headhunter.

Were you fired?

Mark’s advice would depend on the specifics of your case, which we don’t know. But these are his general comments:

The new employer may ask about the reasons for termination, but the old employer is only obligated to provide name, title, years of service and maybe salary. Employers do not offer the reason for termination, as they are in fear of two possible claims.

First, if they say something knowingly untruthful about the employee they may get sued for defamation.

Second, if the new company hires based on the representations made by older employer, the new employer may sue for negligent hire against old employer based on what those representations were.

There is also the confidentiality of personnel matters pursuant to state law, so the employer will want to avoid divulging such information.

Plan for the worst if you got fired

Even if such a question about why you were fired is not right or legal, the new employer might ask anyway and your old employer may tell too much. Your only recourse might be legal action, and few people are willing to go that far.

That’s why my advice is to assume the worst and prepare to deal with it. Take it for a given that the new employer can find out why you were fired. I know HR managers who have wide circles of contact in the HR community. They can use back channels — ethical or not — to call one or another HR buddy who might easily find out about you on the q.t. The same goes for recruiters. You’ll never know why you were rejected.

What will they say?

Since you’re asking whether the new employer can and will find out from your old employer whether you were fired, I’ll offer some suggestions about how to ascertain what the new employer knows.

Take a direct approach. Call your old company and ask HR and your boss what they intend to say on a reference call. They might not tell you, but why not ask anyway? At the very least, you will have put the company on notice that you’re concerned and watching them.

Along these lines, attorney Carey offers this caution:

An old employer may state to the new employer that they do not recommend you for re-hire, as code for “this was a bad employee and be warned.”

Check indirectly. Do you know a friendly manager at a company you’re applying to anyway? If they’re going to check with your last employer, would they be willing to share with you what they learn, as a friend? Be careful – don’t use a ruse to get this information.

This article might be helpful: How can you fight bad references?

Keep in mind that the manager who interviews you may have been fired and have some bad references of their own. Full disclosure that your old boss had an issue with you about X may land on sympathetic ears. In other words, take the wind out of that sail yourself.

What to do

Control the game. Whatever happens, you must be ready well in advance to counter any negative comments with positive recommendations. More here: The Preemptive Reference.

So my advice is not to concern yourself so much with what a new employer can legally ask or not ask your old employer, unless you’re willing to pay for a legal action. My advice is to change the game entirely.

Change the game. I believe the most compelling way to deal with a black mark on your record (whether it is deserved or not) is to help the new employer focus on something more important: evidence about how you would do the job profitably. Show the new employer that what you can do matters more than any reference does. More about that in this video from an interview I did on Bloomberg TV: Profit-based job hunting & hiring.

I wish you the best.

How do you deal with getting fired when you apply for a new job? Do you try to hide it? Do you come clean? Ever been busted for not disclosing it?

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Behind the scenes of a rescinded job offer

In the September 25, 2018 Ask The Headhunter Newsletter an HR worker reveals how a faulty HR process led to a job offer being rescinded after the applicant quit his old job.

Question

rescindedI work in Human Resources (HR). During our on-boarding process, we send prospective employees for a drug screen and run a background investigation and, if the job requires driving, a motor vehicle record (MVR) check. The background is launched when the applicant electronically completes an authorization.

We had planned on hiring a guy, when three days before his start date he had still not signed the authorization. So I ran the part of the background that I already had authorization for, and saw that his MVR was horrible. He had DUIs, super-speeder violations and more.

He’s already given his notice to his old employer, and we can’t hire him. I think he avoided signing the background authorization to hide a bad record.

We had to rescind the position as we don’t have any positions for a non-driver. I feel bad about this but I also think he should take some of the responsibility. What do you think?

Nick’s Reply

It’s important to consider the critical path of your company’s hiring process. That is, which steps are critically dependent on earlier steps being completed satisfactorily? And, who is responsible for those?

The critical path to making a hire

You don’t say explicitly whether you made this applicant a bona fide job offer. But I think it’s fair to assume you did based on two other pieces of information you shared.

  • You started the on-boarding process. You would not have done that without two critical steps being completed first. You had to extend a job offer and he had to accept it.
  • He quit his old job. He would not have taken that critical step unless the two aforementioned critical actions were taken first — an offer was tendered and accepted.

Please note that I’m not putting any specific order on these critical steps, though of course there is a necessary order. In any case, when you made that job offer and it was accepted, you had a contract. The deal was done.

A job offer is a contract

So, where does that leave your company and the HR person who is responsible for the hiring process? In a bad, indefensible spot, I think. You made and broke an agreement. A rescinded job offer is a broken contract.

Two other critical steps in this hiring path are:

  • Obtaining authorization to conduct a background investigation.
  • Conducting the investigation.

Clearly, both of these critical steps must be done before you can hire anyone. And the investigation — a critical step — brought the entire process to a screeching halt when you discovered the problems, as it should. That’s why that step is on the critical path to hiring, right?

Where you blew it is that you apparently jumped ahead. You made an offer — a contract — before obtaining authorization to do the background check, and before you had any investigation results. You acted without due diligence.

Why would any employer do that?

Due diligence

Due Diligence: Don’t take a job without it.

See Fearless Job Hunting, Book 8: Play Hardball With Employers, p. 23.

The applicant’s mistake is that he followed your lead. He, too, failed to perform due diligence to ensure your company was acting in good faith. He didn’t double-check to make sure you had followed your own critical path before he took the ultimate critical step: He quit his job.

Why would any job applicant do that?

No job applicant can afford to quit their old job, or to trust an employer or HR rep, unless they are certain they have a bona fide job offer.

A bona fide job offer

A job offer is bona fide when it is:

  • Neither specious nor counterfeit; genuine
  • Made with earnest intent; sincere
  • Made in good faith without fraud or deceit

You, as an HR representative, know your company cannot hire someone with a bad record. So, why did you make a job offer before checking? There’s no good faith when you lead someone to quit a job so they can start work with you — then pull the rug out from under them. (See HR Managers: Do your job, or get out.)

A rescinded offer is a broken contract

You said: “We had to rescind the position as we don’t have any positions for a non-driver.”

That’s not why you rescinded the offer. You rescinded because you didn’t do your job properly. The main fault is yours, and it could get your company sued. (For an attorney’s take on this, see Job offer rescinded after I quit my old job.)

You should never have made an offer before you conducted the investigation. The investigation came first on the critical path to making an offer, before the hire quit his other job, and before you began on-boarding the new hire.

Hire with integrity

A company should hire with integrity. It should follow a sound process that ensures a healthy deal will be struck that is good for both parties. That requires following a series of steps in proper order, to protect both parties. (See Protect yourself from exploding job offers.)

Here’s the critical path you should follow. Staple it to your office wall where you can see it all the time. Make sure everyone involved sees it in advance and signs off at each step. None of these steps should be taken until all previous ones have been completed:

  1. Make sure the position is open and fully funded with an appropriate salary and benefits.
  2. Conduct interviews.
  3. Decide your favored applicant is qualified and that you want to hire them.
  4. Conduct appropriate background investigation(s) after obtaining authorizations.
  5. Confirm that all information you need about the candidate has been gathered and logged.
  6. Make a bona fide offer in writing that includes all terms, signed by an authorized representative of the company.
  7. Confirm the candidate’s bona fide acceptance of the offer and terms in writing.
  8. Notify the candidate that the hire is confirmed and that they should resign their old job.
  9. Conduct your on-boarding process.
  10. New hire starts work.

The applicant was foolish to accept a job offer before confirming that your company’s critical path had been completed. He was disingenuous about not signing the authorization for the background investigation. He was downright stupid to quit his old job before ensuring the new job was solid.

So he, too, bears responsibility. Caveat emptor. But shame on you as the employer for letting the matter get to a point where you had to rescind the job offer.

The employer owns the hiring process

Your company is going to spend money to hire someone. You start the ball rolling and control the process. You own the process.

Don’t know how to properly check out a job candidate? See References: How employers bungle a competitive edge.

It doesn’t matter if your investigations reveal the candidate is an axe murderer. It’s still not his fault that you didn’t do your job prior to issuing a job offer. You failed to conduct due diligence (the checks and investigations). In this case, your process should have stopped dead at step (4.) above.

You tacitly if not explicitly encouraged him to quit his job and relinquish his pay based on your assurance (the job offer you gave him) that he could rely on you to hire him. No one deserves that. (If he’s an axe murderer and you don’t figure it out prior to making him an offer, then shame on you.)

Rescinding a job is not an option

Please review the 10 steps in the list above. Nowhere is there a “Rescind job offer” step. It’s a terribly embarrassing option. Rescinding a job offer is a last resort that you — and your company — will pay for with your reputations.

You need to sit down with your top management to develop a critical path to follow when hiring. The fact that you were three days from his start date when you figured all this out reveals a shocking problem at your company. (See Smart Hiring: A manager who respects applicants (Part 1).)

Rescinding a job offer that your company never should have made is unacceptable.

Is it ever legitimate to rescind an offer? When — and why? Have you ever rescinded a job offer that you made to an applicant? Have you ever had an offer pulled out from under you? Was it a legitimate action? What steps belong on the critical path to completing a hire and who is responsible for them?

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References: How employers bungle a competitive edge

In the December 8, 2015 Ask The Headhunter Newsletter, a reader gets down on reference checking.

Question

I’ve come to the conclusion that asking for references is about the dumbest thing a company can do in the hiring process. First, I believe that any prior employer is only obligated to give the dates you worked and at what salary. They don’t like to give any qualitative assessment because there are potential liability issues involved. Second, who is going to give a personal reference that would not describe you in laudatory terms? I think references are just another personnel department make-work project! What do you think?

referencesNick’s Reply

One of the very best ways to size up a job candidate is to consider the opinions of her professional community. Employers who ignore peer review take unnecessary risks when hiring. But that’s where today’s reference-checking practices have led us.

Incompetent reference checking

Asking for references seems dumb because it has been made trivial; so trivial that companies routinely outsource reference checks rather than do it themselves. (See Automated Reference Checks: You should be very worried.) They’re going to judge you based on a routine set of questions that someone else asks a bunch of people on a list. How ludicrous is that?

Employers have bought into the idea that a reference check is like a credit check, but it’s not. A credit check digs up objective information: numbers, loan payment dates, defaults.

A reference check is largely subjective. The source of information isn’t a bricks-and-mortar bank that’s required to divulge facts about your accounts. A reference source is a mushy human being who may be in a good mood or a bad mood; who may know you well, or not. The reference checker must know the context — the industry, the profession, the work, the community — or he can’t possibly understand what to ask or what the comments really mean. This is why most reference checks are simply incompetent, if not dangerous.

reference-checkerThe “reference and investigations” industry may be able to turn up criminal records and such, but you can’t tell me that a researcher is going to elicit a subtle judgment of a job candidate by calling a name on a list. Worse, if the information that’s collected is erroneous, why would such a reference checker care? He’s not accountable to anyone. The employer that buys it doesn’t care and isn’t going to ask you to explain. To borrow a phrase, outsourcing reference checks is like washing your hands with rubber gloves on. If you’re going to feel anything, you must get your hands dirty!

Real reference checking

There is no finesse in reference checking any more — not for most employers. A real reference check is done quietly and responsibly, by talking to sources that a manager tracks down on her own by using her network of professional contacts. These are candid references; comments made off the record within a trusted professional relationship. That’s where you’ll find the true measure of a candidate.

Did I just break five laws? That’s only because the skeevy industry that has grown around reference investigations requires regulation. It’s because employers are no longer good at teasing apart credible references from spiteful or sugar-coated ones. They want to put the legal liability for making judgments of character and reputation on someone else.

There’s a better way to do it, and it’s time-honored among honorable businesspeople. The person doing the reference checking must be savvy and responsible. She must know what she’s doing. A greenhorn human resources clerk is out. In fact, the only person who should be doing such a check is the hiring manager. The most candid discussions will take place between managers who know their industry, their professional community, and the issues in their business. Where a manager might not open up to an “investigator,” she’s likely to share information with a peer. Credible, useful information comes from credible, trustworthy sources. You can’t buy it.

If it’s true that hiring the best people matters, then real reference checks give an employer a very powerful competitive edge. Outsource reference checks, or do them ineptly, and you’ve bungled your company’s future.

Reference checking is a community event

The reason — other than legal — that companies don’t do effective checks is that human resources (HR) departments simply don’t have the kinds of contacts in the professional community that could yield legitimate, credible references. And that brings into question HR’s entire role in the recruitment, selection and hiring process. If you don’t have good enough connections in the professional community to do that kind of reference check, how could you possibly recruit from that community? Both tasks require the exact same kind of contacts and relationships. It’s all about the employer’s network.

accountableJob hunters correctly worry that bad references might cost them a job. That’s a real problem. The question is, is the bad reference justified? If it is, then perhaps it should cost you a job. Don’t shoot the messenger. Take a good look at yourself, and recognize that the truth has consequences in your social and professional community. (But all is not lost. See How can you fight bad references?)

It should not be illegal to rely on credible opinions about you. By the same token, managers must be attuned to vengeful references, and take appropriate measures to verify them. But regulating candor is no solution. When we count on the law to protect us from all information, we must expect to get hurt by a lack of good information.

If I were to check your references, I’d get good, solid information about you. And I might not ever call anyone on the list you gave me. I’ll use my contacts to triangulate on your reputation. (You might be surprised at who I talk to. See The Ministry of Reference Checks.) Will someone try to torpedo you? Possibly, but it’s quite rare. More likely, I’ll turn something up that makes me want to get to know you better; to assess you more carefully.

The trouble is, good reference checks are rarely done. Hence, most reference information is pure garbage, as you suggest. And this hurts good workers just as it hurts good employers. In the end, all we have to go on is the opinion of our professional community. Stifle it, and the community suffers the consequences.


References are your competitive edge

References are such an important tool to help you land a job that I can’t emphasize enough that you must plan, prepare and use references to give you an edge. In Fearless Job Hunting, Book 3: Get In The Door (way ahead of your competition) I discuss just how strategic references are.

First, learn how to launch a reference:

“The best… reference is when a reputable person in your field refers you to an employer. In other words, the referrer ‘sends you’… to his peer and suggests she hire you.” (pp. 23-24)

Second, use preemptive references:

A “preemptive reference is one who, when the employer is ready to talk to references, calls the employer before being called. Such a call packs a powerful punch. It tells the employer that the reference isn’t just positive, it’s enthusiastic.” (p. 24)


The truth matters. Legislating against the opinions of others about us is, well, stupid. Far better to manage those opinions and to be responsible about them. If you’re a manager, it’s also far better to take responsibility and check applicants’ references yourself. Don’t let HR do it. What do references really mean?

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Pop Quiz: Can an employer take back a job offer?

In the June 5, 2012 Ask The Headhunter Newsletter, a guy gets honorably discharged from the military, carries a secret clearance, but has a misdemeanor conviction from 2003 for which he’s done probation. He gets a job offer. Then the nightmare begins:

Today I received a job offer from a large, well-known and respected company. I have a misdemeanor criminal conviction from 2003. I told the headhunter about the conviction. I put it in the application before my interview. I put it in the e-application for the background check. I even discussed it with the HR person that was giving me the offer.

After discussing the conviction, she extended me a verbal offer. At the end of the call, I accepted the offer. She welcomed me to the team and said I will get all the details after the background check clears. After the phone call, I turned down a competing job offer from another company and told my headhunters that I am no longer on the job market.

Less than an hour later, the HR person called me back and said she has to withdraw the offer because my three-year probation was cleared in 2006. Since that’s less than the company’s policy permits — seven years — I am ineligible for the job. The company’s security regulations would prevent me from gaining access to their campus.

The job posting required that the applicant must qualify for a government secret clearance. I was just honorably discharged from the military, where I held a secret clearance that I was able to renew after my misdemenor conviction.

It seems quite unethical to extend an offer prior to assuring that the information that I provided multiple times wasn’t an issue. This should have been caught well before I got the interview. Is this legal?

My Advice

This sounds like you got the shaft, but it’s a bit more complicated, based on the information you’ve provided.

I published your story in this week’s Ask The Headhunter e-mail newsletter, but I did not publish my advice and comments because I wanted to challenge our community to figure this one out. I asked subscribers to think about your story, and then come to the blog ready to post their take on it.

  • Did HR give this job applicant the shaft?
  • What went wrong?
  • How could this situation have been handled better?

Here’s how I see it.

HR blew it.

While it was nice of the enthusiastic HR lady to give you the offer on the phone, she jumped the gun when she “welcomed you to the team.” You weren’t on the team yet, and she had no business implying you were. Someone needs to call her on the carpet.

The HR lady tipped you off.

The key to this entire unfortunate episode lies in this sentence: “She welcomed me to the team and said I will get all the details after the background check clears.” That meant she made you a contingent offer. It was not bona fide. That is, it was dependent on the background check. In other words, you had no offer to act on.

You jumped the gun.

I always tell job applicants who “get an offer,” to never, ever, ever resign their old job, or turn off other opportunities, until they’ve been on the new job for two weeks. Sounds kind of extreme, eh? Yah, well, so’s what happened to you. While odds are pretty good that a job offer will turn out fine, the enormity of the consequences if anything goes wrong is why no one should do what you did. [Correction: My bad on a poor turn of phrase that confuses two issues — when to turn off other job opportunities and when to resign your old job. Please see my comment about this below.]

Before even orally accepting the offer, you should have waited for a bona fide offer in writing, signed by an official of the company.

Before setting aside other opportunities (because there is no sure thing), you should have completed the company orientation, met your new boss, started the job, and ensured nothing goofy was going on at your new job. I’ve seen many people quit new jobs within the first two weeks. It takes that long to… well… make sure nothing’s goofy. You don’t want to be out on the street with nowhere to go if the new job goes south. (Likewise, an employer should not stop recruiting and interviewing just because a candidate accepts its offer.)

You did the right thing, again and again.

You disclosed, from the start and throughout the interview process, that you had a misdemeanor conviction. That takes guts, and it was the smart thing to do. The company had an obligation to be as candid with you, and to disclose its policy about hiring people convicted of crimes. It had no excuse for not detailing its policies once you made your disclosures.


Fearless Job Hunting, Book 5: Get The Right Employer's Full AttentionDo all employers behave like this? Absolutely not. It’s up to you to find the right employers and to know how to get their attention — because lousy employers aren’t worth your time or aggravation! Learn how to:

  • Stop walking blind on the job hunt!
  • Pick worthy companies.
  • Test the company. Is it a Mickey Mouse operation?
  • Recognize and beat age discrimination. (Or is it your own anxiety?)
  • Deal with a bad reference. Don’t get torpedoed!
  • Investigate privately-held companies — Here’s the secret!
  • And more!

Don’t waste your time with the wrong employers! These methods are all in
Fearless Job Hunting, Book 5: Get The Right Employer’s Full Attention


But somebody didn’t do their job.

As soon as this employer learned about your conviction, HR should have pulled out its policy book and mapped it to your situation before making you an offer. The HR lady explained the policy clearly to you — too late!

What bunch of numbnuts knows it’s got a policy issue from the start, but ignores the implications of its policy? Especially because you were so candid and forthright about your problem, HR should have had the background check completed far sooner, and should have inquired about the dates of your conviction, sentence, and the resolution.

(I’m waiting for someone to suggest that, for legal reasons, the background check could not be done until you accepted the offer. That would be a good trick — accepting an offer for a job that company policy prohibits you from accepting.)

Who’s on the hook now?

I think the HR lady is on the hook. She should have made it crystal clear to you that the job offer was not yet bona fide, and that it was contingent on the background check. I think she should have even gone so far as to advise you not to take any other action until the check was confirmed. She blew it. She should be on the hook, but you’re the one who got hurt.

You’re on the hook because you rejected another (more bona fide?) job offer, and notified the headhunters that you’re no longer a candidate for a job.

Most important, this company’s HR practices are on the hook, and they need to be gutted and cleaned.


Fearless Job Hunting, Book 4: Overcome Human Resources ObstaclesThere’s no way to beat HR, is there? Sure there is! Learn how to recognize and overcome these HR obstacles:

  • HR demands too much private information, like your salary history. But two can play this game!
  • HR throws a “behavioral interview” at you.
  • Online job application forms — learn to get past them.
  • HR gets between you and the decision maker. Learn how to go straight to the hiring manager!
  • The HR rejection letter: Why you should reject it!
  • And more!

HR isn’t as tough as you think! You’ll find myth-busting answers in
Fearless Job Hunting, Book 4: Overcome Human Resources Obstacles


Doubling HR Costs: Time to change company practices.

Poor HR practices are what make HR executives scream that, “There’s a talent shortage!” Well, here’s the talent, fresh out of the military, worthy of a job offer, but… Aren’t an honorable discharge and a fresh secret clearance enough to merit more careful treatment when the company is looking at an applicant who qualifies for a secret clearance?

Now where’s the talent shortage? In HR.

HR spent a lot of company money to process this hire — only to stumble at the last minute. Now HR will spend the money again on another candidate. HR costs just doubled in this case. I wonder what the board of directors would have to say? Because HR will sweep the mistake under the rug, along with all the other good candidates HR lost because:

  • An otherwise excellent applicant’s keywords “didn’t match;”
  • A wise applicant didn’t want to disclose her salary history;
  • A highly motivated applicant dared to contact the hiring manager directly;
  • HR interviewed the engineering applicant but doesn’t understand engineering;
  • The applicant seems a bit old;
  • The applicant refused to meet with HR until he first interviewed with the hiring manager;
  • And on and on… through the myriad wasteful practices we discuss on this forum that cost companies good hires every day…

It’s time for this company — and many companies — to take a good, hard look at HR practices because good talent is not easy to come by.

Whose bad?

That offer was no offer, so give it back! Has an employer ever given you a job offer, then rescinded it? Why? What was the reason? What did you do? What’s your take on this reader’s experience?

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Bankrupt & Unemployed: How to Say It

In the last post, Bankrupt & Unemployed: Will a background check doom me?, we discussed how a reader who is applying for a job (and who is qualified) might overcome obstacles that come up when the employer does a background check. Problems like bankruptcy triggered by long-term unemployment — and a year-old DUI (driving while intoxicated) violation.

Knowing what to do is one thing. Facing the employer and knowing what to say — and being able to say it — is something else. In this edition, let’s discuss How to Say It.

There are two keys to convincing an employer to take a chance on you:

  1. Personal recommendations from credible people who know your character and your work ethic.
  2. A clear commitment — which the employer will never ask for, but which you must offer in order to get a job offer. To find out what that commitment should be, please watch the video.

What would you say to a hiring manager to get past such obstacles? And if you’re a manager, what would a candidate need to say and do to convince you to give him or her a chance?
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