Spamming To Fill Jobs: Idiots peeing on telephone poles

On May 18, 2015

In the May 19, 2015 Ask The Headhunter Newsletter, we discuss the e-mail habits of certain job seekers and recruiters. What a mess.

I couldn’t make this stuff up

telephone-pole-1Lately I’ve been railing against institutional failures in the job hunting and hiring process — job boards, HR departments, and vendors of automated recruiting stupidity. But that’s not where America’s employment problems begin and end. Employers are justifiably frustrated, too, by idiots who seek jobs, and by idiot recruiters who use spam to “find” job applicants for exorbitant fees.

I get a lot of mail. Some of it is so idiotic — I couldn’t make this stuff up to amuse you. It’s real. Two recent e-mails take the cake, perhaps because they make good bookends on the story about what’s wrong with America’s employment system.

The job seeker

The first message from the real world arrived last week from a job seeker. It included his resume. I’ll spare the poor sucker further shame by omitting his name.

Sent: Thursday, May 14, 2015 7:00 AM
To: nick@asktheheadhunter.com
Subject: Any Jobs?

Hey there!

I saw your website today Thu, 14 May 2015 and im really hoping there is a opening or other possibility to get a chance to prove my competence.

As you will see in my resume I have a broad experience and knowledge in this line of work and im confident it will be worth your time reading it. I am excited to hearing from you.

Please see my attached resume.
Best wishes,

My reply:

This is NOT the way to find a job. What you’re doing is embarrassing and makes you look really bad.

We might cut this guy and his many kindred spammers some slack, and I might not be so caustic in my criticism — but such a solicitation is akin to a dog peeing on every telephone pole hoping to find love.

telephone-pole-2“Hey there!… I’m really hoping there is a opening [sic] or other possibility” is just stupid, disrespectful, and a waste of my time and the writer’s.

If this is how you’re going about your job search, stop. There aren’t 400 jobs for you. Don’t walk blind on the job hunt. Be your own headhunter.

If you think that was a really stupid inquiry — it’s not at all unusual. I get these a lot. The next one’s far worse because it involves big fees and the transgressor is a retained executive search firm. (See What flavor of headhunter is this?)

The “exclusive” headhunter

I received this unsolicited query from a “retained headhunter” whose job is to find and home in on only the best, most appropriate candidates for his clients. Retained headhunters are usually paid in the vicinity of one-third of the salary of the job to be filled.

From: [omitted]
Sent: Wednesday, April 29, 2015 5:45 PM 
To: Nick Corcodilos
Subject: New Retained Executive Search

Nick
[Our firm] has recently been exclusively retained by our client [omitted] (circa $3B Global leader in furnishing the work experience in office environments) to conduct a search for a Chief Engineer (Global Product Engineering Team).

We’ve showcased this new retained executive search in the following search specific website: http://executive-advantage.com/SCE [The headhunter includes this note in his solicitation: “Please feel free to share the Steelcase Chief Engineer role with others.” I’m telephone-pole-2feeling free. Maybe you’re a great candidate, but I doubt I’ve got any subscribers who sniff telephone poles.]

If you are aware of a stellar candidate that would excel in this role based on the brief position description below please have them send their resume to me, [omitted], Managing Principal, [firm name omitted] (Quickest/Best Contact is by Email: [omitted], slowest contact method is by direct dial: [omitted].

The best headhunters search for candidates by talking quietly with industry insiders who know the very best people in their fields. Discretion and confidentiality are key. A good headhunter never broadcasts a search indiscriminately, in part because it would make him look bad. More important, broadcasting attracts all the wrong people and turns off the right ones. Employers also turn to retained recruiters to avoid putting out the word that they’ve got a weakness — that vacant, key position. What would a client who’s paying a $50,000 fee to fill a $150,000 position think if she learned the headhunter was spamming unknown people for leads — the equivalent of posting want ads on telephone poles and trees?

The employer could do that herself on Monster for a few bucks.

I don’t know this recruiter or his firm — but he’s been spamming me since at least 2012. I didn’t join his list. I’ve never responded.

Gimme a break

Now, why would I refer a “stellar candidate” to a guy I don’t know who doesn’t know me, and why would I trust that candidate’s resume to a spammer? This “headhunter’s” client might as well expect resumes to be gathered from a night of dumpster diving — for $50,000 fees!

The solicitation includes a sales pitch. (Why waste an e-mail, eh?)

We fill positions with top A-Player talent – we don’t throw stacks of resumes at our clients. If you, or any business colleagues, have similar search needs at -any- mission critical position level or functional discipline, we can help provide you with the same service as the recent clients below have commented on.

telephone-pole-1

Gimme a break, Mr. Retained Headhunter. You throw spam at people you don’t know, solicit referrals to “stellar candidates” and suggest your service is of the highest quality? What’s the difference between spam recruiting and posting jobs on Monster.com — except the fees and the “retained” firm moniker?

The job seeker highlighted in this column and the purported headhunter are examples of why employers try to automate recruiting and hiring. They’re tired of idiocy and telephone pole advertising. HR execs know they can dumpster dive for five bucks and come up with the same kinds of resumes. This is what’s led to the demise of our employment system. It’s why you can’t get hired.

Don’t sniff

Please try on these simple rules to avoid the pheromones being sprayed around the job market:

  • Don’t send your resume to someone you don’t know who doesn’t know you.
  • Whether you’re a job seeker or an employer, take the time to actually cultivate relationships with credible people who will refer you to the person you need to meet. (That’s how credible headhunters operate.)
  • Don’t hire headhunters indiscriminately — make sure you know how they recruit.
  • Don’t recruit indiscriminately — it’s stupid and it makes you look bad.
  • You never know where your foolhardy spam solicitations will turn up, especially when you include instructions to distribute them through social media.

telephone-pole-3Keep your standards high. If you really can’t recognize a micturating marauder from a good headhunter, learn How to Work With Headhunters… and how to make headhunters work for you. If you need a reality check about how to get hired, consult Fearless Job Hunting — and practice The Basics.

Idiocy. It’s what’s wrong with recruiting, hiring and job hunting. It’s not just HR, job boards and applicant tracking systems that corrupt our employment system. There’s plenty of idiocy emanating from all quarters — and it includes job seekers and headhunters. It’s a small world, and everyone can see anyone who pees on telephone poles.

What qualifies as legitimate job hunting and recruiting? Can you fill and find jobs with lots and lots of e-mail? Just how high does the stink rise — and why does anyone sniff along?

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Reductionist Recruiting: A short history of why you can’t get hired

On May 11, 2015

In the May 12, 2015 Ask The Headhunter Newsletter, I launch a rant about runaway technology in the world of employment. I mean, it’s way past stupid and counter-productive. It’s dangerous!

Or, Why LinkedIn gets paid even when jobs don’t get filled

If you’re going to recruit and hire people for your business, or if you’re going to look for a job, you need to understand why America’s institutionalized employment system doesn’t work. It’s important to know the short history of reductionist recruiting — layers of matchmaking technology designed for speed, distribution, and for handling loads of applicants.

It has nothing to do with enabling employers to meet and hire the most suitable workers.

reductionistWant Ads

When somebody invented the newspaper want ad, it was an innocent enough way to find people to do jobs. An employer said what it was looking for, people wrote a letter explaining why they were interested, threw in their resume, and mailed it in.

Because a want ad cost quite a bit of money (thousands of dollars in The New York Times), ads were almost always legit. Applicants had to pay for a stamp, and motivation was high to apply only to the most relevant. What’s not to like? Even when professional resume writers stepped in, and started touting salmon-colored paper to make their clients’ submissions literally stand out, it was still manageable; employers knew immediately which applications to throw out! Meanwhile, the newspapers made out like bandits advertising jobs.

Internet Job Boards

When the Internet came along, somebody thought to put all the ads online — to get better distribution, and more responses from more applicants. The jobs sites quickly realized this made wants ads cheaper, and to make money, they had to sell more ads.

Wink, wink — questionable ads, like multi-level-marketing schemes, were welcome! So were ads for expired jobs, kept there by employers who liked a steady stream of resumes even when they didn’t need them.

This never worked very well at all — and it became a disaster of such epic proportions that somebody named it “The Great Talent Shortage.” (See Systemic Recruitment Fraud: How employers fund America’s jobs crisis.) HR departments got flooded with applications they couldn’t process — so somebody invented keywords.

The Keyword Age

Employers no longer needed to read resumes or applications. Software compared words in job descriptions to words in resumes, and HR could accept or reject applicants without even knowing who they were!

Clever applicants started larding their resumes with keywords — making HR’s job all the harder, and job interviews a waste of time. It was so easy for people to fake their way past the system that HR panicked and drew the blinds. Everyone was rejected.

This experience led employers to agree that, yes, America is in a terrible talent shortage — during the biggest talent gluts in history. Even the U.S. Secretary of Labor, Thomas Perez, banged the gong:

“I speak to a lot of business leaders who are trying to hire. They want to hire and the most frequent thing I hear from them is all too many people coming through the door don’t have the skills necessary to do the job I need to do.”

“Too many people”?? Say what?

Reductionist Recruiting: Get paid for $@*#&!

Perez isn’t holding those employers accountable. They use applicant tracking systems (ATSes) to solicit thousands of job applicants to fill just one job — then they complain they’ve got too many of the wrong applicants. The employers themselves are responsible for the problem. (News Flash: HR causes talent shortage!)

meatgrinder

Welcome to reductionist recruiting: Jobs don’t matter. People and skills don’t matter. The coin of the realm is what computer scientists call character strings: strings of characters, or letters and numbers, standing in for jobs and people. That’s what’s sold by job boards and bought by employers.

Think that’s far-fetched? Then why don’t employers pay when they actually hire someone from a job board or applicant tracking system?

The product is keywords. The system has nothing to do with filling jobs, or that’s how LinkedIn, Monster.com, Taleo and JobScan would get paid.

They get paid to keep the pipeline full of character strings. Employers and job seekers get scammed every day they play the game. And HR is the culprit, because that’s who signs the purchase orders and the checks to use these systems.

The New Age Of More Reductionist Recruiting

The high-tech-ness of all this (Algorithms! Artificial Intelligence! Intelligent Job Agents!) sent venture investors scurrying to put their money into reductionist recruiting, because HR departments didn’t care whether they hired anyone. Their primary business became the “pipeline” of job postings and processing incoming keywords.

That’s why Reid Hoffman and Jeff Weiner are getting rich while you can’t get a job.

It’s all stupid now. The head of Monster.com promotes “semantic processing” algorithms that match keywords better than any other job board. LinkedIn (LinkedIn: Just another job board) claims that special keywords — called “endorsements” — add powerful credibility to all the other keywords on people’s online profiles. And “job board aggregators” like Indeed.com collect all the keywords from every job board, grind them up and sort them, and deliver more and better keywords than any other technology.

We know this is all a big load of crap when the next iteration of recruitment start-ups are designed to further distance employers and job seekers from one another.

Reductionist Recruiting 3.0

That’s the point behind a new start-up called JobScan. This new service gives job seekers the same power employers have. For a fee, JobScan “helps you write better resumes.” Cool — we need better ways to help employers make the right hires!

reductionismBut it turns out JobScan doesn’t do that. It doesn’t help match workers to jobs any more than ATSes do. All it does is help job applicants scam ATSes by using more words that will match the words in employers’ job descriptions. More reductionist recruiting.

James Hu, co-founder and CEO of JobScan, told TechCrunch that, in the past, a real person would review your resume to judge whether you were worth interviewing. “But now you are just a record in the system.”

Duh? And Hu’s service treats you as nothing more. JobScan’s home page shows two text boxes. In one, you post your resume. In the other, you paste the description of the job you want to apply for. You click a button, and it tells you “how well your resume matches the job description.” Now you can add more of the correct keywords to your resume.

In just a couple of entrepreneurial generations, we’ve gone from stupid ATSes that rely on word matches to deliver “too many people…[that] don’t have the skills necessary to do the job,” to a whole new business that enables job seekers to manage the words they dump into those useless ATSes.

(Note to venture investors who missed out on the first rounds of Monster.com, Indeed.com and LinkedIn: This is a new opportunity!)

JobScan’s algorithms tell you which additional keywords you need to add to your application to outsmart the employer’s keyword algorithm.

It’s like your people talking to my people, so you and I don’t have to talk to one another. We can sit by a pool sipping Caipirinhas (my new favorite drink from Brazil), and wait for our respective people to do a deal that will make us all money.

Except there aren’t any people involved. Reductionist recruiting, meet reductionist job hunting: DUMMIES WANTED!

A Short History of Failure: More venture funding wanted!

Entrepreneurial ATS makers game the employment system to make loads of money while employers reject more and more job applicants. Now there’s another layer on this scam — and it was inevitable. Entrepreneurs are getting funded to create ways to help you beat the databases to fool employers into interviewing you, whether you can do the job or not. (I wish thoughtful entrepreneurs like Hu would put their talents to work creating value, not outwitting admittedly silly job application systems.)

Job seekers are taught every day that it doesn’t really matter whether you can do a job profitably. What matters is whether you can game the system to get an interview, just so you can get rejected because, in the end, employers don’t hire words that match jobs. They want people who can do jobs. They just don’t know how to find them. (See Getting in the door for alternative paths to the job you want.)

Of course, any dope can see the real problem: HR isn’t willing to hire key words, even though it pays an awful lot of money for them. And it certainly has no idea where the talent is.

I can’t wait for employers to wake up and smell the coffee: Start paying LinkedIn, Monster, and Indeed only when those suckers actually fill a job.

Am I nuts, or has America’s employment system gone completely to hell with plenty of venture funding behind it?

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UCLA Anderson Webinar: Parting Company – How to leave your job on your own terms

On May 7, 2015

ucla-logoThis is a Q&A overflow area for attendees of today’s webinar Parting Company: How to leave your job on your own terms, presented to UCLA’s Anderson School of Management — students, alumni and faculty. The webinar was based on the book Parting Company: How to leave your job.

Many thanks to the team at Anderson for their kind hospitality, and to the audience for sticking around well past the end of the presentation — I enjoyed all your questions! If you have more, please feel free to post and I’ll respond to them all!

Today’s webinar agenda included:

  • When is it time to go?
  • Hitting the wall
  • How to resign right
  • Oops! Got fired!
  • Exit Interviews: Just say NO
  • Parting Company Cribsheet: Avoid the gotchas
  • Resources
  • Q&A

 

 

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How to deal with a micro-manager

On May 4, 2015

In the May 5, 2015 Ask The Headhunter Newsletter, a happy employee becomes unhappy when the new boss gets overbearing.

Question

After four months of working very independently and successfully in my current position, reporting directly to a manager who loves my work (as does the senior manager), they have decided that all of us “little people” (non-exempt, hourly employees) should report to a supervisor on a weekly basis instead. Our manager is too busy to manage us.

I am now the direct report of a micro-manager, a real control freak (she said so herself) who wants everything done her way, yet insists she doesn’t want to micro-manage me.

In our first meeting of 45 minutes, she insisted at least six times that she wasn’t trying to micro-manage me. (Of course, it felt like 20.)

What should I do? I am trying to be cooperative and play it low-key, but I feel I may need to speak with the senior manager about it. Any advice on how to handle micro-managers? I really need my job. I am well-liked, work hard and effectively, and was quite happy before she was appointed.

Nick’s Reply

First, I would sit down with your new supervisor. Show her a list of the tasks she has assigned to you, as you understand them. Ask her if there is anything she’d like to change or add. If there is, add it as you sit in front of her. Be very polite, very respectful.

When the list is complete, ask her what timeframes she sees for the deliverables — that is, when should the tasks be completed?
Negotiate to make these realistic. Once you both agree, tell her this:

How to Say It
“I find I can get the most work done when I’m free to get tasks done my own way, with the full understanding that I’m responsible for delivering exactly what my boss asks. The commitment I will make to you is that all these tasks will get done on schedule. I’d like to ask you for a commitment, too — to permit me to manage my work on my own. If I don’t deliver, then I will accept any consequences. But during the work period on these projects, I would like to manage my own work. Can we do that?”

(These two articles may help motivate you: Be known first for the truth and Don’t be afraid to do the job your way.)

If she says no, then sit down and write up a log of your conversation, date and sign it. Put it in your file. You may need to show it to the human resources manager later. Then, go talk to your old boss and explain to him that your supervisor will not permit you to manage your own work. Ask for his support. Do not make any threats. Do not get angry. Just calmly focus on your work and on your commitment to get it done on schedule. Don’t even appear upset.

How to Say It
“Being micro-managed is very distracting and decreases my efficiency. I accept my responsibilities in my job. However, I cannot do my job if I am micro-managed. Here is the commitment I will make to you: If I do not deliver after being left alone to do my job, you should fire me. The commitment I ask of you is, get my super off my back so I can do my job. Can we do that?”

If you get no support, you should be prepared to leave the company and find another job. In fact, I would start a job search, just in case. Odds are pretty high you will have to leave. As Dear Abby is fond of saying, people are not likely to change.

I try not to be cynical, and I try to expect the best, but life is short. No one should have to live and work like this. A boss who micro-manages has an emotional problem and is not likely to change. You must have a good contingency plan.

The best outcome would be if your supervisor recognized how serious a problem she has created for her department. Like I said, odds are that you will have to move on. Don’t let that bother you. It’s a natural thing. Not all companies, bosses, and employees can work together effectively. Staying in a dysfunctional organization is wrong. But, give your managers a chance to recognize the problem, and to fix it. The key is, you must be very respectful about your approach. No anger. No recriminations. Just matter-of-fact business. It’s all about doing your job.

I wish you the best. There is a significant risk in doing what I suggest. There’s an even bigger risk in working with such frustration. For more about how to leave your job fearlessly, see Parting Company: How to leave your job. [THIS WEEK ONLY! Save $3 on this book! Use discount code=SAVE3. Order now!]

Have you ever worked for an over-bearing boss? What’s a diplomatic way for this reader to deal with the boss? My suggestions are just one way to approach this. Let’s hear some other angles!

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Why & how you should give employers an ultimatum

On April 20, 2015

In the April 21, 2015 Ask The Headhunter Newsletter, a reader meets an employer who is losing the best job candidates to the competition because he uses interviews to reject applicants — not to hire them.

This week’s story is long, but it puts a sharp focus on the trouble with employers these days. It just seems that, no matter how motivated a manager might be to hire, the actual process to hire has gone haywire. Demoralized by such experiences, job seekers often go along with silly demands from employers. In my reply, I offer a solution that more folks need to learn how to use.

Question

I had an interview with a VIP at a huge local tech company looking to hire a designer with video/animation experience. Our initial phone interview started with him sounding very disinterested. After briefly explaining what he’s looking for, he said he’s disappointed with the candidates he’s getting because they are all print designers. As he spoke I uploaded a few of my videos to my website and told him to take a look. His demeanor completely changed. “This is exactly what I’m looking for! I’ve gotta run to this meeting but do you have time again today to talk more?” He came right back from that meeting to continue our call.

wasting-my-timeYou would think this would have a happy ending, no? No.

First, he ends the call not by inviting me in for an interview, but by saying, “I think I’ll have all the candidates look at the stuff we’ve had done by an agency (which he wasn’t happy with) and see what you all would do to redesign it.”

Oh, great, the “test,” that is, work for free. The call ended and I wrote the place off. Then HR e-mailed, saying he’d like to schedule an interview. It lasted 90 minutes. I have never had a better interview experience. More than once he said that I’m the only candidate who appears qualified. Again, it ended a bit sour with him saying, “I’ll probably have the final candidates come back and meet with the team”: the dreaded “approval by committee.” But I left feeling good.

The following week, I get an e-mail from him: ”You have offered examples of your work, however, I am asking all candidates to take a shot at creating something for us.” And he listed not one but three design projects he wanted to see redesigned. One was a video. “Just re-do the first 30 seconds.” WTF? This guy clearly has no clue as to how much work and effort goes into something like this. So, I did a few story board sketches, made a few recommendations and ended the e-mail by saying I have received an offer for another opportunity and hence am no longer available.

And that was the end of that. No doubt he will either continue to struggle to find the “perfect” candidate or he’ll just send my comps to the agency he’s currently contracting with. And I have gone through this exact scenario more times than I care to recall over the years.

Initially, I blamed my field of design, but I don’t think it’s that anymore. I met a guy over on StinkedIn, a systems analyst with a Ph.D. who’s in his 40s and unemployed for two years. He flew out of state for an interview, met with twelve people over two days, showed that he knew his stuff (“here’s your problem, here’s what I recommend”), they were clearly excited and he thought for sure he’d get the job. He didn’t. When he asked why, the hiring manager told him the two twentysomethings on the team didn’t like him because he “came across as arrogant.”

So, who’s to blame for these scenarios? HR’s only job here was to schedule the meetings. Do they send a brochure to all who put in a hiring request with tips on how to disqualify your best candidate? I dunno…

Nick’s Reply

Thanks for sharing your story. (Readers may have noticed this “Question” was no question!) You should have just given that VIP an ultimatum. I’ll explain why and How to Say It.

While I advocate a “show what you can do” approach to interviewing, there’s no guarantee that any method will lead to a hire — or that an employer won’t abuse the candidate who’s ready to show he or she can do the work profitably. You must know where to draw the line with greedy, unreasonable employers like the manager in this story.

And if you manage to get a meeting with a manager who’s also a jerk, jerk-ness spoils any intelligent interview activity of the job seeker. Anyone who wastes your time is a jerk. (See Work for free, or no interview for you!)

This manager will keep looking for the “perfect” hire — while his competitors eat his lunch. They will jump to hire people like you, rather than concoct yet one more exercise to get free work out of you.

There are two important lessons here. One is to use the ultimatum, and the other is to survive and thrive if it doesn’t work.

First, never get bogged down in just one job opportunity. Really, really wanting one particular job is a dead-end strategy. You took the wise route. You controlled your outcome by developing other opportunities in parallel, so you wouldn’t get sucked into waiting and wishful thinking. You put that greedy VIP into healthy competition with another employer, so you won. He lost.

I’m a big believer in showing how you’ll do the work in order to get hired, but when employers demand free work during the interview process, tell them to take a hike. (By the way, I think you made a big mistake in delivering those story boards, having already seen what the VIP was up to.)

Second, force the manager to decide now. You handled this well, but I’d have given the VIP an ultimatum. After he told you that you were the only qualified candidate, you could have told him you wanted a decision on the spot.

commitHow to Say It: “I’d like to work on your team. With the right offer, I’m ready to start in two weeks. You can keep looking for other candidates, but I agree I’m the best for this job. I can do it for you profitably. Either hire me, or let’s end this process, because if you don’t hire me, your competitors will. You need to decide now.”

Sometimes the strongest position a candidate can take is to draw a line and insist on a decision. Be ready for NO, but also be ready to walk away from an indecisive manager who probably doesn’t know what he wants — and who routinely loses his best candidates to competitors, which is probably where you should be working.

Congratulations on a successful job search. I hope others consider the lessons from your story. Employers lose their best candidates all the time because they think their mission is to hire perfection and to ensure they reject anything less. It’s how they wind up with weak candidates who will do anything for a job.

I discuss more methods for “Playing hardball with slowpoke employers” and how to “Line up your next target,” in Fearless Job Hunting, Book 8: Play Hardball With Employers. You don’t need to be the one left holding the bag!

Do you have the guts to issue an ultimatum to an interviewer? Or am I nuts? Where do you draw the line with a greedy employer?

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A headhunter locked me out of jobs for 6 months

On April 13, 2015

In the April 14, 2015 Ask The Headhunter Newsletter, a reader says getting referred for a job by a headhunter cost him the job — because the employer didn’t want to pay the fee.

Question

I applied for a job on Indeed.com at a medical facility. A person called representing herself as working for the facility. She did a five-minute pre-screening interview, and set me up for a phone interview with an HR representative. The short version of this long story is that the organization wanted to hire me, but wasn’t able to because of a recruiting fee of $12,000.

I’ve been informed that this recruiting company has put a six-month “lock” on my name. Is this legal? This kind of thing has never happened to me before. I’m appalled that they can get away with it! Do I need to contact the state attorney general’s office? I never signed any documents stating any agreement for them to represent me. Please help!

Nick’s Reply

This is a deep crack in the law that you’ve fallen into. Employment agencies and third party recruiters (a.k.a. headhunters) are not regulated everywhere. The recruiter has submitted your resume as one of her referrals — and if the employer hires you as a result of that referral, it may owe the recruiter a fee.

(Of course, the recruiter serves a purpose. Without her, you may not have gotten the interviews with this employer. But her intervention should not cost you a job!)

I’d do two things.

Get the facts first

Call the employer’s HR office. Don’t tell them what happened. Just ask whether they have a contract with that recruiter.

My guess is they do not, but the recruiter’s referral may be interpreted by the employer as an obligation to pay a fee to hire you. That’s the crack in the law.

Recruiters will sometimes find and use resumes like yours as an entree to a company they don’t have a contract with. They will threaten the employer with a lawsuit to collect a fee, because they were the source of the referral. This may not stand up in court, but the easy way out for the employer is not to hire you. So you lose. My guess is that’s what’s going on here. The loose interpretation of the law might be that if the hospital hires you within six months of the referral, it owes the fee. After that, there’s no fee. That’s what the “lock” refers to.

But all this is questionable. What recruiters like this one bank on is an HR department’s unwillingness to risk legal action — which is silly.

What’s important for you to realize is that — I’m sorry to say — you are at least partly responsible for all this:

Have you ever put your resume on an online job board? Then you may have slimed yourself because anyone who has access to that resume can do exactly what that troublesome headhunter did with your implied blessing. You’d have a hard time convincing a judge or jury that the headhunter did anything wrong if your resume is already widely available.

Excerpted from How to Work With Headhunters… and how to make headhunters work for you, p. 114.

Use regulatory powers

The second thing I’d do is call your state’s department of commerce. Find out whether the recruiter is licensed. Not all states require licensing. If yours does, and she’s not, she’s out of luck. I’d explain that to the employer — and I’d turn her in to the authorities..

Of course, it’s possible the recruiter has a contract with the hospital. In that case, what the lock means is the hospital has agreed to pay a referral fee for up to six months after a referral is made. Thus the lock is not on your name, but on the employer. You are not bound by a contract you are not a party to.

But here’s the risk you face, and it’s significant: If this recruiter circulates your resume to lots of employers, under her letterhead, such referrals may be construed by those employers as an obligation to pay a fee to hire you — even if you later apply directly. A good headhunter or recruiter would never refer you to any employer without your knowledge or consent. An unsavory recruiter will plaster your resume all over kingdom come — under her letterhead.

There are two sections of How to Work With Headhunters… and how to make headhunters work for you that you’ll find helpful in the future. “How should I judge a headhunter?”, pp. 26-27, defines a set of standards that good headhunters adhere to. “How should I qualify a headhunter?”, pp. 28-33, goes into great detail about how you can separate the good headhunters from the unsavory ones.

Some of the book is about how to protect yourself, but most of it is about how to leverage headhunters and recruiters to your advantage.

Assert yourself & protect yourself

I would immediately send the recruiter a certified letter, with a return receipt, stating that she is not to refer you to any employers, and demanding that she notify you what companies she may have already referred you to. Again, recruiters like this one bank on people not fighting them legally. It can be a nasty game.

Depending on what you learn, you may want to contact your state’s department of labor and employment. Explain what happened and ask their advice. If the recruiter misrepresented herself as an employer, I’d consider filing a complaint of consumer fraud and possibly identity theft, citing the recruiter’s misrepresentations, and for her failure to tell you that it would cost a fee to hire you.

Much depends on whether the employer is willing to stand up to the recruiter. I doubt the employer or the recruiter would want to see an article in the newspaper about a job seeker in a tough market finding out he got screwed out of a job because of all this.

I’d love to know what you learn and decide to do. This is a murky situation because much depends on who did what, and on whether the employer has a contract with the recruiter.

Keep this in mind: None of these agencies or recruiters work for you. Their client is always the employer. They have no contractual obligation to you, or you to them. Yet many such firms will use phrases like, “We will represent you…” They do not represent you. The employer pays them, and their fiduciary duty is to the employer. But it’s an odd business, because they can imply that they represent you — with the result that employers might lock you out of jobs due to the fee they’d have to pay.

Finally, remember that posting your resume or profile online makes it easy for anyone to “refer” you to an employer and to claim a fee. You can fight this, of course — but good luck, because employers are more likely to protect themselves than fight to hire you.

Has a recruiter or headhunter ever cost you a job? What would you do if you were the job hunter in this week’s Q&A?

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Reddit’s Ellen Pao: Your pay is what I say

On April 9, 2015

ellen-paoReddit CEO Ellen Pao sounds like an HR manager whose goal is to save salary dollars: If you interview with her, you’re not allowed to ask for more money than she offers you. See Reddit CEO Ellen Pao bans salary negotiations.

Well, I’ve got a simple answer to that: I’ll go interview somewhere else, where candid dialogue is welcome.

Pao’s purported aim is to help women avoid discrimination. According to studies she cites, male and female managers reject women who negotiate assertively. But changing the rules the way she has at Reddit will likely result in lower compensation packages for men and women — something CEOs get patted on the back for by shareholders.

I don’t think much of anyone who doesn’t negotiate assertively, male or female. Curtailing negotiating hurts everyone and avoids the real problem. Here’s an analogy: Certain people are not allowed to sit at the lunch counter. So the lunch counter is removed to eliminate discrimination.

Is that a solution? Of course not. Neither is Pao’s policy.

If the studies Pao bases her action on are correct, the way to create salary parity is to change the way men and women respond to women who negotiate. Pao’s solution cheapens women who dare to negotiate — but in the end, it’s those women who will change the system. Shutting them down accomplishes nothing in the long term but to save money for employers.

Is Pao’s policy really going to make getting a job more fair for women? Or does it make dumbos of us all — men, women, job seekers and hiring managers alike?

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Dissed By HR: Can you top this?

On April 6, 2015

In the April 7, 2015 Ask The Headhunter Newsletter, a reader hears a tired, old story from an HR manager. How much bad HR behavior will job seekers and employers put up with?

Job hunters say the darndest things — things that sometimes cost them interviews or job offers. But job hunters don’t represent entire companies, while HR does. So, when HR (Human Resources) says something really dumb to a job applicant, it costs the entire company its reputation.

A long-time reader sent me a brief exchange he had with the Human Resources manager at a company that interviewed him — and the diss he received in reply is so transparent, so foolhardy, and so naïve that it’s worth a discussion.

It really is a nightmare world out there, folks. Lots of HR people are clueless about what constitutes a royal F-you to a job applicant. Is this what they’re teaching in HR school?

A reader’s note to HR after an interview

Dear [HR Manager]:

It’s been four months since I first came in to interview and, based on the “radio silence,” I am assuming that I am not being considered for hire. Could you please confirm that the position has been filled, or that it has been put on hold? Thank you.

The HR manager’s reply

Hi [applicant],

Well, as I told you, an old employee appeared on the scene and he became our first choice, based simply upon the fact that he had quite a tenure here and could have hit the ground running. We dissedwaited for schedules to coincide and then some travel came up on both ends and then he eventually decided to stay with his current company.

We have yet to fill the position and I’ve not been told that you are out of the running but I think it would be safe to say they hoping for more of a perfect fit, personality-wise. (That is based on the personalities that are already ensconced here…) I will keep in touch with you.

Warm regards,

[HR Manager]

Where do I begin?

The job applicant shared a draft of the response he planned to send, but I know there are a few very young subscribers to this newsletter, so I can’t print it. I advised him not to send it, and he expressed this concern:

“There’s a local recruiter I know, who said that people get blackballed in the local HR groups.”

Yes, HR folks have pretty good back channels for sharing such stuff and for exacting punishment. But let’s get back to what the HR manager wrote. It’s one of the best F-you e-mails I’ve ever seen from HR to a job applicant, mainly because it’s so innocent and reveals a staggering naivete and nonchalance about the HR manager’s role in representing the employer.

Where do I begin? I’m going to make just three comments about it, and I want to throw this out to the Ask The Headhunter community.

First, this is a company manager writing the note. It’s not some greenhorn personnel clerk — but a person with authority to make decisions and to represent the employer. This company is dead meat in the public relations crucible — and the HR manager belongs in the Thunderdome.

Second, rejecting a candidate is one thing, but the entire note is all about the company’s hiring problems. There’s not one word about the job applicant’s qualifications. Why is the HR manager disclosing details about the company’s travails in trying to re-hire an old employee who’s not interested?

Third, I understand that employers don’t like to give applicants reasons for rejection — to avoid litigation — so, why does this HR manager tell the applicant that his personality is the problem? But the capper is the psychopathy: The HR manager closes with warm regards.

I don’t think this HR manager’s intent was to diss the applicant, because it’s plain that the manager is naïve. That makes this the company’s fault because it chose this manager as the interface to its professional community. And that’s why this is one of the worst disses I’ve ever seen.

(If you’re a hiring manager, and this story troubles you, you’re not alone. Please see Hiring Manager: HR is the problem, you are the solution.)

I suggested to the reader that his best course of action was not to reply at all, because the risk in expressing his ire is greater than zero. It’s not worth venting to someone who can hurt him.

In Fearless Job Hunting, Book 4: Overcome Human Resources Obstacles, “Should I accept HR’s rejection letter?” (pp. 15-16), I suggest that a job seeker should “Get past the guard: You don’t get into a company by asking the human resources department to let you in. That’s for tourists.”

This 26-page PDF book includes sections about:

  • Does HR go too far when screening job candidates?
  • Who is the decision maker?
  • Don’t let HR isolate you
  • Time for HR to exit the hiring business
  • Candidate 1, Boss 1, Morons 0

…and lots more!

Make no mistake: Job hunters are often guilty of faux pas as bad as this. But when an HR manager does it, an entire company suffers because job applicants spread the story throughout their professional community. And that’s how companies like this one are taught a terrible lesson. (For more about how employers hurt themselves, see Death By Lethal Reputation.)

Okay, it’s time to share your thoughts:

  • What do you think is wrong with this e-mail from HR to the job applicant? (There’s so much more than the three issues I pointed out!)
  • Can you top this reader’s story? What’s the biggest diss you’ve been dealt by HR when applying for a job? And, to balance this out, what’s the best behavior you’ve seen from an HR manager?

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Say NO to tests prior to an interview

On March 23, 2015

In the March 24, 2015 Ask The Headhunter Newsletter, a reader complains about investing time in employment tests before the employer invests time in an interview.

Question

I applied for a Senior Director position with a large healthcare software company. I was “selected” by HR to begin the recruitment process, which starts with “assessment tests” such as aptitude and personality tests. The largely canned e-mail they sent me states that I should block off two hours to complete these examinations, and I was provided with a link and logon information to the assessment website. Mind you, I still have not talked with the hiring manager.

no-to-testsI don’t really have two hours to perform these silly tasks, though the job itself does sound challenging from the description provided. Is there anything I can do to bypass this process, or should I just run and hide from this firm? How can I be sure the third party contracted to perform the assessment isn’t selling or trading my information with other employers without my knowledge? Thanks very much, I am a big fan of your blog.

Nick’s Reply

Glad you enjoy the blog — thanks for your kind words.

My approach to situations like this is not to say no. It’s to set terms you are comfortable with, and then let the employer say yes or no. If your terms are prudent and reasonable, and they say no, then you know something funky is up — and that you’ve really lost nothing in the bargain. You merely avoided wasting your time.

But I don’t think it bodes well when a company wants you to do tricks to get an interview, so you’re justified to be concerned. What I’m about to suggest will likely result in your being rejected from further consideration by this company.

  • I’d tell HR you’d be happy to comply with their request, but your busy schedule precludes you from filling out forms and going through administrative processing (tests) until you and the manager “establish good reasons to pursue the possibility of working together.” In other words…
  • No testing prior to meeting the hiring manager. Why invest your valuable time if they won’t invest theirs?
  • No testing with third-party firms unless they provide in writing (a) a disclosure that defines who will have access to your results, (b) a confidentiality statement (signed by the testing firm and the employer) stating that they will not disclose your results to anyone without your express written permission, (c) credentials of the test administrators and those who will score and interpret the results, and (d) written assurance that they will provide you with results and interpretation of your tests.

The last word about why pre-employment tests should concern you is this article by Dr. Erica Klein: An Insider’s Biggest Beefs With Employment Testing.

Now let’s get down to business. You’re interested in the job you read about, so pursue it on your own terms.

I’d contact the office of the person you’d be reporting to if hired. (See Should I accept HR’s rejection letter? for some tips.) I’d politely explain that you’re glad the company wants to interview you, and that you’d be happy to come in to meet and talk. If you mutually decide to continue discussions about a job, you’d be happy to take tests and suffer through the HR gauntlet.

How to Say It
“I get a lot of requests to do such tests but I judge how serious an employer is about me as a candidate by whether they will invest the time to meet me first. I always go the extra mile for a company that demonstrates that level of interest. In fact, if you have time to meet, I’ll be glad to prepare a plan for how I’d do the job — and we can discuss it.”

I’m sure you get the idea. The point is to say this to the hiring manager — not to HR. If you need help with that last part, see Fearless Job Hunting, Book 6: The Interview: Be The Profitable Hire, particularly the sections, “How can I demonstrate my value?” and “Are you an A or B candidate?”, pp. 8-11. I think that offering to arrive with a business plan in hand will reveal whether the manager is on the ball. How could any good manager not be intrigued?

As you’ve already surmised, the odds are extremely high that the HR department really doesn’t know whether you are a viable candidate. They’d rather spend money on tests to filter you in or out, than spend the hiring manager’s time to interview you to make a judgment. So, I don’t think you have much to lose. At this juncture, you’re probably not a serious contender. If you were, they’d handle you with kid gloves and they’d be seducing you rather than harassing you.

Of course, the tests might be useful, interesting and valid tools to judge your skills. After you talk with the manager.

Your last concern is valid. Those third-party testing companies invariably own your results. The papers you sign usually give them the right to share your results with anyone they want to, including some other company that obtains your resume — and looks up your test results because it’s already the testing firm’s client. You could get rejected without ever knowing why.

Be careful. Use your judgment. Be polite, be professional, but don’t be a sucker. Expect the kind of professional treatment and consideration that you give others.

Have employment tests taken the place of screening interviews? Is this just another way to save HR time? More important — does this extreme testing practice waste your time or help you get interviews?

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How to fix a bad reference the hard way

On March 16, 2015

In the March 17, 2015 Ask The Headhunter Newsletter, a reader needs to deal with an old boss who’s probably also a bad reference.

Question

bad-referenceI just had an interview where I followed your advice in Fearless Job Hunting, Book 6. I took control, offered to show how I’d do the job, and demonstrated to the manager how I’d take care of one of her most perplexing problems. She loved it, and I think I’m going to get an offer. Sounds great, right?

It is, except for one problem. This manager — let’s call her Ann — knows one of my past employers quite well (let’s call her Brenda). Brenda probably will not give me a glowing reference. I suspect Ann will contact Brenda. How do I handle this delicate situation?

Nick’s Reply

I’m glad to hear Book 6 got you so far! References are a very valuable asset — learn to manage them all the time, not just when they turn into trouble. (See Take Care Of Your References.) Now let’s deal with your problem.

Even if the reference is unfavorable, a smart employer will rely first on her own judgment — and ask you to explain your old boss’s comments. So, anticipate the question and be prepared with a good answer that is honest and not defensive.

Then there’s the tactical approach. Tell the new manager (Ann) what your old boss (Brenda) is likely to say before they talk. Since you cannot block that conversation, own up to the facts and impress Ann with your candor.

The Hard Way
When confronted with a problem like this, I like to take it head-on. Talk to your old boss! It’s the hardest way, and it will force you to develop the best solution. I think it’s the best way. If you leave this to chance, you will have no idea what the outcome might be.

Call your old boss before Ann does. Surprise Brenda and ask her permission to list her as a reference. You might have to swallow your pride, but nothing of value comes easily.

If she agrees, fess up that you believe that, when you worked together, Brenda may not have seen you in the most positive light.

How to Say It
“I know I could have been a better employee, and I could have done better at XYZ. Since then, I’ve beefed up my skills considerably. [Explain how, but keep it brief.]”

This may allow Brenda to blow off any steam about you before she speaks with Ann, and give you a chance to change her mind a bit. If Brenda responds candidly, pose this magic question:

“May I ask you for some advice? I really want continue to get better at what I do. What advice would you give me about improving my performance or anything else about how I do my work?”

Profit from The Outcome
Then be quiet and listen. If your old boss blasts you, or explains that you’re better off not listing her as a reference, then you know what’s coming when the new boss contacts her. Now you’ll have to use the tactical approach I mentioned above: Prepare Ann for what Brenda will say, and explain yourself. You will have profited from the call.

On the other hand, your candid phone call to Brenda might help her see you in a new, more positive light. Discussing how you’ve changed and improved might give her the words she needs to soften the reference when she talks to Ann. Now you’ve really profited from the hard way.

This might work. It might not. I just believe in facing problems like this head-on, and in trying to make the best of them.

Do you see what we’re doing here? We’re trying to influence Brenda to help the new, improved you. In the process, you’re also learning how this may play out so you can better manage your discussion with Ann.

Whatever happens when you talk with Brenda, you’ll learn something, and you’ll be better off for knowing. Be polite. Be respectful. Do not argue. Don’t be defensive. Listen carefully and try to get some good advice. Say thanks and move on.

Congratulations on impressing the new manager. Now get your old boss on board — or mitigate the damage she might cause.

There are other very powerful ways to use references and to parry bad ones. I discuss these in lots of how-to detail in Fearless Job Hunting, Book 3: Get in The Door (way ahead of your competition), “Don’t provide references — Launch them!” and “The preemptive reference,” pp. 23-25.

Can this reader avert disaster? Have you ever turned around a bad reference? Are my tactics risky?

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