Weird Tales of Job Offers: The new hire who disappeared

In the July 17, 2018 Ask The Headhunter Newsletter an employer tells about a disappearing employee and we share stories about job offers.

Question

I’ll bet you have some interesting job-offer stories. Here’s one I’d like to share.

job offersWe had a candidate go through the interview process and the offer cycle at our company. He took a position for a week, then returned to his other job. He never gave notice to his other employer, just took vacation time. After working the week, he didn’t return. It took a couple of days to track him down at his old work number. Is this common?

Nick’s Reply

I don’t think it’s very common simply because it’s the stuff bad reputations and terrible references are made of. Disappearing from a new job reveals a profound lack of self-confidence on the part of the candidate (not to mention integrity). This is a person who needs a safety net, and who will not invest himself in a new job enough to succeed. (Relationship counselors refer to this as “commitment phobia.”) He probably needs a back-door out of all the important choices he makes. In the end, the result is almost inevitable. People like this never find job offers that make them happy because they don’t commit. They keep going back to the devils they know rather than figure out how to move on with their lives. (See Should I just quit, or find a new job first?)

Don’t give this guy another thought. Move on to better candidates.

I do indeed have a lot of interesting stories about job offers. There is a mini-lesson in each of them. Let’s look at a couple of the characters I’ve encountered.

The guy who accepted lots of job offers all at the same time

He was a design engineer, and since engineers tend to keep odd hours and schedules, he was able to pull it off without much difficulty. I do give him credit for working very hard. He apparently was able to deliver the work required at each job. (Maybe this should tell us something about employment!) This man of multiple salaries accepted new job offers every few months without discarding all his old jobs.

He was able to jack up his salary enormously within a couple of years. While some job hunters don’t like to show their old pay stubs, he took great joy in it, and used proof of his current salary (one of them, any way) to gain small increases wherever he could. Lots of small increases add up!

He was quite proud of himself. I’ll never forget his smirk when I found him out. He suggested that I could earn multiple placement fees in short order by cooperating with him. I shared the story with many clients — along with his name.

The guy who used a job offer to extort a raise

He had two weeks to consider a job offer, and on day 14 asked for another week because he “wasn’t ready.” I got him an extension, but I could smell it coming.

A week later, he still wasn’t ready. I told him he had 24 hours to make a decision. My client wouldn’t wait any longer. Within the hour, he called back, frantic. “I accept the job! But I must start today!”

Turns out he had two problems. His intention all along was to use the new offer to leverage a raise, but he lacked the confidence. He was terrified to go dangle the new offer in front of his boss — thus the three wasted weeks. When I issued my ultimatum, he sheepishly approached his boss. During the “negotiation,” his boss had a security guard usher him out the door. (See Naïve young grad blows it for a discussion about using a new job offer to leverage a raise.)

His other problem: His wife threatened to leave him if he was out of work just one day. Thus his hurry. I followed his career for several years. I think few men have learned a lesson so well as he did.

I’ll let you draw your own lessons from these stories, whether you’re an employer, a job hunter, or a headhunter. But remember G.K. Chesterton’s words: “There is no man really clever who has not found that he is stupid.”

Got a good job-offer story? The weirder the better!

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Job offer rescinded after I quit my old job

In the July 3, 2018 Ask The Headhunter Newsletter a reader’s new job offer is rescinded after he quits his old job. Does he have legal recourse?

Question

rescindedI was given an official job offer. The letter stated that if I met the conditions of the job offer (and it listed the conditions) that the offer would be finalized.

I completed the conditions and the local hiring manager scheduled my start date. I put in two weeks’ notice at my old job. Two days before my start date, they revoked my offer, stating that I was not “rehireable.” (I worked for a company owned by this company almost 10 years ago, but I disclosed that on my application.) 

They said that the company is an “at will” employer so they didn’t have to honor anything stated in the job-offer letter. Do I have any legal recourse? I have no job at all now. Thank you.

Nick’s Reply

I’m very sorry to hear this. Such stories about rescinded (or revoked) job offers are too common nowadays. We’ve discussed this problem before, but it’s such a tragic trend that we need to keep talking about it.

You should seek counsel from a good lawyer that specializes in employment law. However, I’ll give you my thoughts with the proviso that this is of course not legal advice.

If you work in an “at-will” state, the employer may be able to fire you for any reason or no reason at any time. What that implies — though you should check with a lawyer about your specific case — is that they could complete the hire and fire you the same day. So you see the problem.

Now let’s go back to what you stated: You were given a official conditional job offer. While I give you credit for making sure you had the offer in writing, the word “conditional” is key. That left the door open for them to not make the hire after all. Here’s where it may get complicated legally, and why you may need a lawyer.

Did you meet the conditions?

You believe you met all the conditions to lift the contingency, but apparently they don’t agree — or they don’t care. What you should have done before quitting your old job was to get a written confirmation from the new employer that you had in fact met the conditions. This could be very helpful if you litigate the matter.

I can’t emphasize this enough: Never quit your job unless you are absolutely sure the new job is locked up. Please see Protect yourself from exploding job offers.

Of course, in an at-will state this may be a moot point. But it’s up to you to take all reasonable precautions to protect yourself.

Did the hiring manager’s actions suggest you met the conditions?

The hiring manager scheduled your start date, which seems to imply he agrees you met the necessary conditions. A good lawyer might be able to do something with that.

Did the employer know you were going to quit another job?

Additionally, there’s the matter of whether you will now suffer because the promise of a job was broken — and whether that hiring manager knew you would be hurt by his action because his offer prompted you to quit another job. Retired employment attorney Lawrence Barty explains it like this:

“A person who reasonably acts in reliance upon a promise and then suffers detrimentally because the promise is broken has a cause of action called Promissory Estoppel. The Promiser is ‘estopped’ from rescinding the promise if the Promiser knew or had reason to know that the Promisee would rely upon the promise to the Promisee’s detriment.”

That is, if you informed the new employer that you were going to quit your old job and lose your income because you were relying on their job offer, then an attorney may be able to make a case for you. Barty goes on to say:

“The Promisee in such a case, once the proof has been accepted, is entitled to be made whole. For example, if A quits his job and then is left without work for a period until he finds comparable employment, A is entitled to Reliance Damages in an amount equal to the lost wages and benefits.”

Rescinded offers are reprehensible

Too often, job seekers are so thrilled at a new job offer that they make assumptions and move too quickly. That’s understandable. But when the potential consequences of making a mistake are huge — and losing your income is a huge risk — then it’s time to slow down and be extra careful about actions you take, like quitting your old job. (This is such an important topic that I wrote a whole book about it. Here’s an article that discusses some of the main ideas: Parting Company: How to leave your job.)

The critical tip-off in your story is in your first sentence: The offer was conditional. But please don’t misunderstand my position on this. While you bear some responsibility, employers who rescind offers so cavalierly are irresponsible. The tip-off about this employer was in what they said to you: “They said… they didn’t have to honor anything stated in the job-offer letter.” While the company’s lawyers might be able to argue it did nothing illegal, its behavior is unacceptable and reprehensible.

While the doctrine caveat emptor certainly holds here, a good employer nonetheless owes a job applicant a big, loud caution about not quitting their old job until a new job is certain. Did you owe yourself a more cautious attitude until it was all finalized? Based on what you’ve shared, I think you acted prudently. My advice to others: Don’t rush into a big decision (like quitting your job) without carefully assessing the risks.

Get legal advice

As you can see, it’s complicated and that’s why a qualified attorney is your best bet. I’m sure you’d rather not spend money on a lawyer, but I think the price of an initial consultation is well worth it since we’re talking about the loss of your salary. I’d talk to a lawyer immediately. Even if this does not turn into a court case, a stern nastygram from a potent lawyer could result in a cash settlement from the employer.

A word to HR managers

Rescinding a job offer is a really lousy thing to do, and explaining it away by citing your freedom to fire “at will” is cheesy. If your integrity and your company’s reputation matter to you, please read the section “Stop rescinding offers” in the article HR Managers: Do your job, or get out. If you work in HR, we’d love to hear your side of this problem.

Have you ever had a job offer rescinded? Did you quit your old job for a new job, only to wind up on the street? What did you do about it? How would you advise this reader?

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Why employers should make higher job offers

In the February 7, 2017 Ask The Headhunter Newsletter, a reader marvels at employers who discount job offers to save money.

Question

job offersI worked as an intern while in college, and after graduation they offered me a job. It was my first experience negotiating higher job offers. I discussed my proven performance and gave examples that demonstrated my value. The employer granted me the higher salary.

My advice to others is to capitalize on your value and have the courage to negotiate for what you think you’re worth. Of course, your value may not be viewed as high as you think. That’s okay. Just weigh the pros and cons of the position along with your needs and make a decision. Either way, keep in mind, it’s up to you.

But here’s what’s interesting. After I accepted the position, I went back to the hiring manager and asked why he offered a lower salary to begin with. He responded, “If you had accepted the lower salary, I would have saved $3,000 a year.” What do you think of that?

Nick’s Reply

It’s astonishing is how casually the hiring manager responded that he’d save money if you had accepted a lower job offer. On its face, that might seem like simple market economics. But there’s a profound fallacy underpinning the manager’s behavior.

Salary is not an expense to a company, though that’s how accountants portray it, and everyone accepts that. What a company pays you is an investment. And that’s not semantics. A company buys a piece of equipment as an investment against an expected return — and capitalizes it. An employee is capital, too — the employer expects an ROI (return on investment). The fallacy is that an employer can save its way to higher returns by making lower job offers.

Of course, with machines or people we want to pay less to maximize our ROI. But neither is simply an expense.

The value of higher job offers

All my life as a headhunter I’ve encouraged my clients to offer a desirable job candidate more than the candidate asks for or expects. The reason is simple.

Unlike machines, people perform better when motivated. So, when a candidate expects $75,000, offering the candidate a totally unexpected $78,000 triggers an incredibly valuable response: enthusiasm and motivation. Even gratitude. For an extra 4% investment, the employer will likely get far more than a 4% higher return.

However, when they offer less, I think employers suffer with a far lower ROI than the salary savings might suggest. (Maybe you’ll argue with me; that’s what the comments section below is for.)

Managers like your new boss may think they’re being rational by offering less to save money. They’re missing an opportunity to get a higher return. Salary isn’t an expense. It’s an investment. Done right, investing more returns more.

(See Goodbye to low-ball salary offers.)

Why employers hire

Remember: We’re saying the employer really wants to get that very desirable candidate on board. (What other kind of candidate would the employer hire?) So why not maximize both the chances the candidate will accept the job and the potential return by making a higher job offer to prove it?

Nobody ever worked harder or more enthusiastically because a company low-balled them.

But I don’t want to skip over the reality. I parenthetically asked what other kind of candidate an employer would hire, if not a very desirable one. I think much of the time employers hire like they’re checking off boxes and plugging holes in leaky companies. They aren’t thinking about boosting the bottom line by making a really good hire.

And that’s why they see no value in higher job offers, but are proud of saving money when candidates accept lower offers.

In my book, Keep Your Salary Under Wraps: How to say NO when employers demand your salary history, to make them say YES to higher job offers, I quote an HR manager who sent me an astonishing complaint about my advice that job seekers should never disclose their salary history. She said:

“Employers want your salary information because they believe that if you apply for a job that starts at $50,000, but you made $30,000 in the same sort of job at your last company, they’d be overpaying. They’d want the opportunity to buy you for $35,000 to start, saving them $15,000. The HR person who does that gets many kudos for their shopping moxie from their boss, and gets to keep their job and go on many more shopping trips.”

Many managers don’t hire to make more money for their companies. They hire to save money for their companies by using less of the hiring budget. As if the purpose of the hiring budget was to save it!

I believe treating salary as an expense makes it far easier to hire and fill jobs. If the outcome of hiring and filling jobs were measured on ROI, most HR managers and hiring managers would be fired.

I wonder how many CEOs and boards of directors realize their accountants and HR departments are saving their way to higher profits!

Nice work!

I realize your main point is that you succeeded in getting a higher offer not by just asking for it, but by demonstrating your higher value. Nice work! (See The ONLY way to ask for a higher job offer.) Your story delivers a valuable lesson to others.

But I was tickled by your new boss’s suggestion that if he’d paid you less he’d have saved money. My guess is you’ll work harder than the extra three grand cost him — and he’ll make more money.

Am I nuts?

Why should anyone pay a job candidate more than they ask or expect? Is a candidate really more likely to accept a slightly higher offer? Will a bit more money motivate better work? I can’t prove it objectively, but I think yes.

What do you think? Does that little boost in an expected job offer pay off? Is salary an expense or an investment? Has an employer made you a bigger offer than you requested or expected? Did that make you more productive?

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Goodbye to low-ball salary offers

Question

f-off-2I read that Massachusetts made it illegal for employers to require your salary history when you apply for a job. I always thought this was wrong to begin with. It’s how companies “justify” low-ball salary offers. This seems to back up what you’ve been saying all along — but what about those of us who don’t work in Massachusetts?

Nick’s Reply

I told you so.

Job applicants have been getting screwed by HR departments since time immemorial through intimidation and badgering:

“We can’t proceed with your application until you tell us what you’re getting paid now. It’s the policy!”

This is a popular topic on Ask The Headhunter, and I advise people to just say NO. (See Salary History: Can you afford to say NO? and Keep Your Salary Under Wraps.) When employers demand to know your salary, it’s for just one reason: to low-ball any offer they make you.

And now everybody knows it.

It’s illegal to threaten job applicants

The state of Massachusetts just passed a law: Illegal in Massachusetts: Asking Your Salary in a Job Interview (New York Times). No longer will HR threaten to “end the application process” if you won’t tell your salary.

The dirty little secret is out:

“Companies tend to set salaries for new hires using their previous pay as a base line… which often leaves applicants with the nagging suspicion that they might have been offered more money if the earlier figure had been higher.”

Duh.

The impetus behind this new law is to end pay disparity between men and women. (See Don’t blame women for the gender pay gap!) But the problem is much, much bigger.

Employers are the dummies

When employers make job interviews dependent on disclosing your old salary, everyone gets hurt — men and women. Even dopey employers get hurt, because their silly insistence elicits guffaws and “Screw you!” from the best job seekers, who won’t be intimidated and won’t give away their negotiating edge.

The New York Times points out — duh — that:

“The new law will require hiring managers to state a compensation figure upfront — based on what an applicant’s worth is to the company, rather than on what he or she made in a previous position.”

Read the boldface again. Employers will have to figure out what you’re worth.

Jeez. What a concept for a business! What an indictment of the stupid employment system that HR departments have propped up for decades.

No competitive edge

Employers who base job offers on what another employer paid you are admitting five things:

  1. They really, really believe people (workers) are fungible — interchangeable parts.
  2. They’re incapable of assessing your value to their own business.
  3. They’re willing to judge you based on what one of their business competitors came up with.
  4. They believe your worth to one employer is the same as your worth to any employer.
  5. They have no competitive edge on judging value.

This new law is good for employers because it will force them to hire smarter and to be more competitive. Of course, they may need to fire their HR departments and whip their managers into shape. It’s time for employers to figure out how any new hire will contribute to the bottom line.

Jeez. What a concept.

Kudos to Massachusetts for being the first state to outlaw salary intimidation in job applications and interviews. I think the rest of the nation will soon follow.

noJust say NO

If you don’t live and work in Massachusetts, you still can and should say NO when employers demand your current salary. Smart employers will back off. The rest aren’t worth a job interview, because if they don’t take advantage of you up front, they’ll do it later.

Ask The Headhunter subscribers have been saying NO — politely, firmly and successfully — for a long time:

“The hiring manager more or less offered me the position on the spot and indicated a salary range that is roughly 40-50% more than I make now. Your two biggest lessons (at least for me) at work in the flesh: (1) Never divulge my current salary, and (2) Talk about what I will do, not what I’ve done.” -Rich Mok

“Despite both the headhunter and the company insisting I disclose what I was getting paid at my old job, I stuck to my guns and I was able to double my salary. Plus I got a signing bonus. That would have never happened in a million years if I had caved!” – Bernie Dietz

“I was headhunted for a lucrative job at another company and, following your advice, did not state my current salary, nor did I even hint at its range. Thanks to your book, Keep Your Salary Under Wraps, I ended up with a 40% increase on my previous job and salary! Thanks!” – Daniel Slate

Say goodbye to low-ball salary offers — at least those based on your old salary. Employers can still low-ball you. And the best way to avoid that is to be prepared to show why you’d be the most profitable hire. Don’t be a dummy yourself. See How do I prove I deserve a higher job offer?

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Should you sign an NCA? Not so fast!

Quick Question

sign-thisI was offered a job with a small tech company. The NCA that they asked me to sign was so broad that it would have prevented me from taking a job with any other company writing embedded software. When I balked at signing it, they told me I would have to talk to to someone in their legal department.

I walked into their lawyer’s office and explained my objections. His reply: “If I were in your position, I wouldn’t sign that either. Let’s strike out the paragraphs you object to.” What do you think of that?

Nick’s Quick Advice

This is an instructive story about NCAs (non-compete agreements). Thanks for sharing it. It’s also a good lesson about negotiating job offers. It’s not just about the money!

People don’t always believe me when I tell them NCAs (and NDAs, or non-disclosure agreements) are very often negotiable, mainly because they’re ridiculous, and the legal people who write them know it.

These employers figure no one would question or refuse to sign “a necessary legal document” — especially when a new job hinges on it. And most job applicants wouldn’t dare. The lawyers go overboard and include terms and restrictions “just because they can.”

It makes you wonder how many people before you signed that thing simply because they felt intimidated.

I’d love to ask that lawyer whether he thinks it’s ethical for his company to keep using that document, and whether — now that he’s acknowledged how ridiculous it is — he’ll cancel NCAs that other employees have signed and produce a more reasonable agreement.

Or maybe the employer should just fire the lawyer who wrote it and behave more responsibly toward its employees and the people it’s trying to recruit.

I won’t even get into my opinion of an employer that can’t explain an obligation it wants a job candidate to sign — without sending you to its lawyer!

For more about NCAs, see How can I negotiate an NCA or NDA?

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HR Managers: Do your job, or get out

In the June 28, 2016 Ask The Headhunter Newsletter, several readers raise questions about HR that we can’t keep ignoring.

Questions

this-way-outReader 1: Back in the 20th century, employers actually reviewed resumes by reading them rather than scanning them into a computerized ranking system. Keywords have turned hiring into a pass-the-buck game, with HR complaining it can’t find talent! Well, HR isn’t looking for talent. HR isn’t looking for anything. Phony algorithms are keeping the talent unemployed while HR gets paid to do something else! The question is, what is HR doing?

Reader 2: Two weeks after receiving a written offer from this company — and after I quit my old job and moved — HR sends me an e-mail saying there’s no job. That’s right: They hired me and fired me before I started! What am I supposed to do now? I can’t go back to my old job — I quit. The HR person who gave me the offer still has her job. Shouldn’t she be fired?

Reader 3: I was selected for a new, better job paying more money after rounds of interviews. I was all set to start when my HR department called me in to say the job was withdrawn due to budget problems. This was for a promotion at my own company! How did they have the budget a month ago when they posted the job and gave it to me, but not now? What can I do?

Reader 4: My friend attended a business roundtable where multiple employers complained they couldn’t find people. She stood up and said she was a member of several large job-search networking groups, with an aggregate membership of thousands in the Boston area. She offered to put them in touch, help them post positions, and contacted them multiple times afterwards to help facilitate this. Nobody has taken her up on it. Talent shortage my…!

Nick’s Reply

This edition of Ask The Headhunter is dedicated to good Human Resources (HR) managers who work hard to ensure their companies behave with integrity and in a businesslike manner toward job applicants — and who actually recruit.

This is also a challenge to the rest. Do the readers’ complaints above mystify or offend you? You cannot pretend to manage “human resources” while allowing your companies — and your profession — to run amuck in the recruiting and hiring process.

The problems described above are on you — on HR. It’s your job to fix them. Either raise your HR departments’ standards of behavior, or quit your jobs and eliminate the HR role altogether at your companies.

Here are some simple suggestions about very obvious problems in HR:

Stop rescinding offers.

oopsBudget problems may impact hiring and internal promotions, but it’s HR’s job to make sure all the i’s are dotted and the t’s are crossed before HR makes offers that impact people’s lives. Don’t make job offers if you don’t have the authority to follow through. If your company doesn’t give you that authority, then quit your job because you look like an idiot for having a job you’re not allowed to do. What happens to every job applicant is on you. (See Pop Quiz: Can an employer take back a job offer?)

Stop recruiting people then ignoring them.

In other words, stop soliciting people you have no intention of interviewing or hiring. More is not better. If it’s impossible to handle all job applicants personally and respectfully, then you’re recruiting the wrong people and too many of them. Either treat every applicant with the respect you expect them to show you and your company, or stop recruiting — until you have put a system in place that’s accurate and respectful. Having control over people’s careers isn’t a license to waste anyone’s time. Your company’s rudeness in hiring starts with you. (See How HR optimizes rejection of millions of job applicants.)

Stop recruiting stupidly.

stupidThe job of recruiting is about identifying and enticing the right candidates for jobs at your company. It’s not about soliciting everyone who has an e-mail address, and then complaining your applicants are unqualified or unskilled. You can’t fish with a bucket.

You say you use the same services everyone else uses to recruit? Where’s the edge in that? Paying Indeed or LinkedIn or Monster.com so you can search for needles in their haystacks is not recruiting. It’s stupid. Soliciting too many people who are not good candidates means you’re not doing your job. If you don’t know how to recruit intelligently, get another job. (See Reductionist Recruiting: A short history of why you can’t get hired.)

Stop demanding salary history.

It’s. None. Of. Your. Business. And it makes you look silly.

tell-meI have a standing challenge to anyone in HR: Give me one good reason why you need to know how much money a job applicant is making. No HR worker has ever been able to explain it rationally.

It’s private information. It’s personal. It’s private. It’s shameful to ask for it. Do you tell job applicants how much you make, or how much the manager makes, or how much the last person in the job was paid? If you need to know what another employer paid someone in order to judge what your company should pay them, then you’re worthless in the hiring process. You don’t know how to judge value. HR is all about judging the value of workers. You don’t belong in HR. (See Should I disclose my salary history?)


Get an edge when HR gets in your way!

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Overcome the daunting obstacles that stop other job hunters dead in their tracks!


Stop avoiding hiring decisions.

In a market as competitive as today’s, if it takes you weeks to make a hiring decision after interviewing candidates, then either you’re not managing human resources properly, or you’re not managing the hiring managers in your company. Qualified job applicants deserve answers. Taking too long to make a choice means you have no skin in the game, and that makes you a dangerous business person. After you waste too many applicants’ time, your reputation — and your company’s — is sealed. With a rep like that, good luck trying to get hired yourself.

Stop complaining there’s a talent or skills shortage.

There’s not. With 19.5 million people unemployed, under-employed, and looking for work (even if they’re no longer counted as cry-babypart of the workforce), there’s plenty of talent out there to fill the 5.6 million vacant jobs in America. (See News Flash! HR causes talent shortage!) Recruit is a verb. Get out there and find the talent!

If your idea of recruiting is to sit on your duff and wait for Mr. or Ms. Perfect to come along on your “Applicant Tracking System,” then quit your job. If your idea of recruiting is to pay a headhunter $20,000 to fill an $80,000 job, then you are the talent shortage. Your company should fire you.

“Human Resources Management” doesn’t mean waiting for perfect hires to come along. Ask your HR ancestors: They used to do training and development to improve the skills and talent of their hires — as a way of creating competitive value for their companies.

The good HR professionals know who they are. The rest behave like they don’t know what they’re doing and like they don’t care. We’re giving you a wake-up call. Do your job, or get out.

My challenge to HR professionals: If you aren’t managing the standard of conduct toward job applicants at your company, if you aren’t really recruiting, if you’re not creating a competitive edge for your company by developing and training your hires, then you should quit your own job. If you aren’t promoting high business standards within the HR profession, then there’s no reason for HR to exist. Your company can run amuck without you.

To everyone else: How do these problems in HR affect you?

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The ONLY way to ask for a higher job offer

In the August 4, 2015 Ask The Headhunter Newsletter, a reader wants more money.

Question

How should I request a better offer than the one that was made? By phone? By e-mail? By regular mail? Do you ask the HR person, since that is who handles the offer letter in the first place? How does the give-and-take take place?

Nick’s Reply

Almost everyone makes one huge mistake when asking for a higher job offer. They fail to justify the extra pay.

Want more? Prove you’re worth it!

want-moreWhy would anyone give you more money just because you asked for it? Yet job seekers try that lame approach all the time.

If you want more money, you must explain why you’re worth more.

(By the way: Don’t waste your time quoting salary surveys. No survey includes the exact job you’re applying for, or your exact constellation of skills and attributes. You will always lose the survey game because any smart employer will respond with yet another survey that “proves” its offer is handsome! See Beat The Salary Surveys: Get a higher job offer.)

When negotiating for a better offer, the goal should be to engage in a discussion rather than to put a stake in the ground, unless you are absolutely sure your asking figure is firm. This allows the company to explore the money issue with you, rather than be forced to respond with a yes or no.

Ask the manager, not HR!

It’s critical to have the discussion with the hiring manager, not with HR. HR might control the hiring process, but it’s the manager’s budget that your compensation will come from. So have this discussion with the manager, in person or by phone. (I would not use e-mail. It’s too impersonal.) Try this:

Make a commitment

“First, I want to thank you for the offer. I want to come work with you.”

That’s a powerful opening statement because it resolves one big question for the manager: Does this candidate want the job? Once you’ve made this commitment, managers know it’s worth their time to work out the terms. Too often, job candidates try to negotiate money without consenting to the job itself. Bear in mind that saying you want the job doesn’t obligate you in any way. If the money can’t be negotiated to your satisfaction, you can ultimately turn the job down.

Now comes the most important part:

“I realize you have carefully considered how much you think this job is worth. As we discussed in our interview, I believe I can do this job [more profitably, more efficiently, more quickly, more effectively] by doing [such and such]. For these reasons, I believe my contribution on this job would be worth between $X-$Y in compensation. Of course, if I can’t show you why I’m worth more, you shouldn’t offer me the job. Are you open to discussing this?”

Deliver more value

The key element here is value: You must show how the added value you will deliver is worth more money. Employers love it when you reveal you have thought carefully about the work and how you would do it profitably. It shows you are motivated to make the deal a “win” for the employer.

But I will warn you: If you cannot explain exactly what you will do to perform the job more profitably, efficiently, quickly — better, in some way, than the employer expected — then you have no business asking for more money. This is not a negotiating game. It’s about exchanging fair value for fair value, and you must be prepared to explain it.

HR cannot have this kind of discussion with you, because HR will never understand the ins and outs of how you will add more value to a certain job. Talk to the hiring manager, and let the manager go explain it to HR.

(Don’t know how much to ask for? See How to decide how much you want. Once you figure this out, lay the groundwork for your salary negotiations early in your interview. See The most important question in an interview.)

Once you’ve said your piece, it’s up to the manager to respond and engage in a discussion. The manager may decline to discuss a higher salary. So, you must know in advance whether you will back off and take the offered package, or politely walk away from the offer.

Be the better candidate

The only way to approach salary negotiations is to grant the manager a concession: Clearly state that you want to work for him or her. Separate your interest in the job from the compensation, and the manager is more likely to negotiate terms with you.

“I’m ready to come to work, if we can work out the terms — the compensation.”

(For more about how to negotiate based on your value, see Fearless Job Hunting, Book 6, The Interview: Be The Profitable Hire and Book 9: Be The Master of Job Offers.)

There’s no guarantee about how this will work out. But, the better prepared you are to discuss how you will do the job better than anyone else, the better your chances of working out a mutually beneficial deal with the manager. The only way to ask for more money is to show the employer the money!

How do you ask for more money? If you’ve been turned down for more, why do you think you were rejected? Can you prove you’re worth what you ask for?

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How can I go back and ask for more money?

In the October 28, 2014 Ask The Headhunter Newsletter, two job seekers make one very wrong assumption. One gets burned, the other still might learn. These two readers made the same mistake–they bungled their salary negotiations. Could they have handled it better?

Question

I got an offer from a prestigious company and accepted it two months ago. During my notice period of three months, I got one more good offer. It was higher than the first offer. After careful analysis, I have decided to join the first company, where the salary is lower. This is my first job, and I accepted the offer without negotiating the salary. Now I would like to ask the employer to increase the offer. I still have 15 days before I start work. Could you please suggest how to proceed? Thanks in advance.

Nick’s Reply

want-moreCongratulations on your offer, and on having a job with a company you really want to work for. If you’re happy with this new job, don’t try to grab a few more dollars. Rather, earn them in your first promotion and performance review. (Here’s the first thing that I think everyone should learn about this topic: That’s why it’s called compensation.)

Now I will caution you: You said you have already accepted the job offer. That means negotiations are closed, over, finished, done.

If you go back now and ask for more money, there is a chance they will become justifiably upset with you and withdraw the offer. After all, you accepted what they offered. In my opinion, what you are contemplating is inappropriate. I think it will suggest a lack of character to the employer.

(However, if you were to rescind your acceptance so you could take the higher-paying job, I’d have no issue with that. I discuss this in Juggling Job Offers, an article that is now expanded in the PDF book, Fearless Job Hunting, Book 9: Be The Master of Job Offers.)

It is common to have second thoughts about salary, especially when another company offers you more. It is also common to feel we could have negotiated a few more dollars. But consider this: You chose the lower salary job for a reason–apparently it’s a better situation for you. That’s a form of very valuable compensation in itself.

I have a rule: When you negotiate, always leave a few dollars on the table. It makes the other guy feel the negotiation was a success, and it makes him regard you and your new relationship more highly. Those few dollars are worth a lot in good will. To put it another way, never be greedy. Negotiate as best you can during negotiations–but when you’ve agreed to a deal, negotiations are done.

Read on to see what happened to another reader who changed her mind–too late–and tried to ask for more money.

Question

I had an interview last week with a professional office, and I told them my desired salary range. My mistake. I quoted a lower amount than I needed. They checked references and they called to offer me the job. I explained that I had made an error and quoted them a range for a 30-hour work week rather than a 40-hour work week. I did not mention a new salary amount.

The hiring manager told me he was “put back by the lack of communication” and wanted me to come back in and speak with them again. I responded with, “It’s not a problem. I will accept your offer and I’m ready to start work.” He seemed frustrated and said he would call me back after talking to his partner again. He did not call back. I called yesterday and left a message, but he has not called me. I don’t want 25% more. What’s your advice?

Nick’s Reply

I’m a big advocate for negotiating the very best compensation possible. But as I pointed out in the Q&A above, you can’t change a deal after it’s struck. (You can walk away from it, but that’s another story.) The problem is clear: You destroyed your credibility by changing your salary range. I understand you made an error. But when you called to explain it, all they heard is that you want to change the terms. That worries them. Now they don’t trust you to be up front and accurate with them.

You introduced uncertainty. I think that’s what turned them off. I’d send them a short, handwritten letter. I’d apologize for causing confusion, thank them for their time and interest, and tell them you understand why they may have decided to drop the matter. Sign it with best wishes and forget about it. There’s a small chance they’ll consider this a classy action and call you back. But if they don’t, I’d leave them alone, chalk it up to experience, and move on.

This is a hard lesson. I hope it’s one that the person who asked the first question above takes to heart. I don’ t think these are greedy people; I think they are naive negotiators. Never go into a negotiation without knowing exactly what you want. (Here’s some very simple but very powerful help: How to decide how much you want.) Once you state what you want, you kill your credibility if you change your position after the deal is settled–and it’s perfectly understandable if the other party withdraws the deal altogether.

Can you go back and re-negotiate a settled deal? I think there’s a difference between rescinding your acceptance of a job, and re-opening negotiations to get a better deal. What advice would you give these two readers?

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I’m still waiting for the job offer!

In the May 6, 2014 Ask The Headhunter Newsletter, a reader wonders what to do while waiting for the job offer:

I went in for an interview and all went great. I met with the personnel manager and the division manager. They called me back in a few days later to meet with the regional manager since he was in town. It also went well. The discussion was more general and laid back. I went back today to take a test.

I am trying not to get too fired up about all of this. But, I have to think that no company would subject an applicant to all of this without leaning toward the hire. When should I expect an offer? I figure that there can’t be much more for me to do than meet with some more top-level managers and take a personality test. Do you agree?

Nick’s Reply

Great expectations can leave you high and dry.

“I have to think that no company would subject an applicant to all of this without leaning toward the hire.”

Never, ever, ever get into this mindset. This is the point where people start to build unreal expectations because they feel they’ve “invested so much.” They’ve been invited back for lots of interviews. Everything “has gone well.” They start to believe the employer is now “heavily invested,” too. They wonder not whether an offer will be made, but how long it will take. The outcome is obvious, right?

Absolutely not.

Twaitinghe truth is, you have no idea what a company’s threshold is for taking action. Some companies will string you along — often unwittingly — for months, then take no action at all. As a headhunter who has dealt with more interviews than any job hunter ever will, I can tell you that most job opportunities go south.

In my experience, there is little correlation between how well the interviews have gone and whether a hire is made. Of course, when the outcome is positive, we can look back and see that everything clicked in the interviews. But much more often we’re left scratching our heads, wondering what went wrong.

For reasons that are usually clear as mud, a seemingly positive interview process often stalls and dies. You never find out why. And you couldn’t have predicted the result.

So what is my point? Manage your expectations so you can manage your job search. Don’t get sucked into foregone conclusions, because that will lead you to waste your time. While you’re counting on that “sure thing,” you’re missing other opportunities. There is no sure thing.

You should do your best with every job opportunity. Follow the process through to the end. Remain motivated and enthusiastic. Ask for feedback as you proceed. (That’s legit and important.)


What can you do to optimize your chances for a job offer? See “Playing hardball with slowpoke employers”, pp. 15-16, in Fearless Job Hunting, Book 8: Play Hardball With Employers.

Excerpt:
How to Say It: What should you say to the hiring manager before your job interview ends? This question baffles job hunters, but the answer is simple. Say: “I want this job.” Just four words. If the employer is on the fence, expressing this simple commitment can lead to a job offer.

You’ll find this and more tips in Play Hardball With Employers:

  • Do they owe me feedback after an interview?
  • What’s the secret to the thank-you note?
  • How can I push the hiring decision?
  • Thanks is not enough
  • Get an answer at the end of the interview

But don’t build expectations that distract you from your larger goal. Always have another opportunity on deck because most deals go south.

Don’t let my advice discourage you. Use it to strengthen your strategy. Motivation and a positive attitude are crucial. But never start believing, “I can tell they’re going to make me an offer.” Because you can’t. While you’re waiting for that offer, set the next opportunity in motion. That’s the only way to control your job search.

Where’s the job offer? What holds up job offers? How have you dealt with delays? Is there anything you can do to force a decision to hire you?

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Play Hardball With Slowpoke Employers

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

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

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

Nick’s Reply

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

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

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


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

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

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

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

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

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

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

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

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

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