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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Rutgers Business School Webinar – Q&A Overflow

This evening I presented a webinar to the Rutgers Business School Alumni Association, co-sponsored by the University Alumni Association: Fearless Job Hunting: Be The Profitable Hire.

rutgersThe Q&A section of the presentation was great — but of course, there were so many questions that we couldn’t get to them all.

So I invited attendees to post their questions here — and I’ll do my best to respond to as many as I can. And don’t be surprised when other Ask The Headhunter “regulars” chime in on these topics — and offer you even better suggestions than I do!

Congratulations to those who won copies of Fearless Job Hunting: The Complete Collection.

If you didn’t win Fearless Job Hunting but would like to purchase the collection, I invite you to use this $10 discount code: OLDQUEENS, which will be good through May 15. (Please note: This discount is good only when you purchase Fearless Job Hunting: The Complete Collection.)

Thanks for joining us this evening, and special thanks to the Business School Alumni team for their kind hospitality!

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Deal-breaker questions to ask employers

In the April 22, 2014 Ask The Headhunter Newsletter, a reader wants to ask an employer tough questions… and just can’t seem to get answers:

I’ve done my research on the company, and the interview went well, but there are some things that I just couldn’t get information about, even in the interview. I want to know just how long the average individual stays in this particular job before moving up, as well as what other opportunities could be expected in the future. Also, who are the people I would be working with? How good are they? What kinds of tools and support would I have? Finally, I am a little vague on what the salary level might be.

My question: Is it okay to ask these questions in the interview? Thanks for your help.

Nick’s Reply

hidden-informationI’ll go you one better: Don’t accept this job until you get your answers. Your questions are excellent, especially those about the people connected to the job. (See It’s the people, Stupid.) If the answers are unsatisfactory, these are deal-breakers.

Many applicants are afraid to ask questions that seem “forward” in the job interview. I don’t know where this hesitation comes from. Perhaps it’s part of a deeper feeling that the job candidate is some sort of supplicant whom the employer steps down from heaven to talk to.

“You dare to ask The Great Oz…?”

Your questions are not only reasonable, they are very important. If the interviewer can’t answer them, ask to talk with someone who can. If the company won’t make any effort to answer you, you need to reconsider whether you want to work there.


Here’s another make-or-break question to ask the employer, after an offer has been made to you: “May I see the complete benefits package so I can study it along with the rest of your kind offer?” Many employers will decline to share the benefits details. Find out Why companies hide the benefits.


Don’t be shy. Interviewing is a two-way street. They want to know a lot about you, and you need to know a lot about them. Interview them. Don’t lower your expectations because they own the job. Remember that you own the solution to their problems.

Part of my work as a headhunter involves preparing a candidate to interview the employer effectively. I’ve found that good employers don’t react well to a candidate who just sits and answers questions. A good candidate probes for information, too. A good candidate expects candor and full disclosure.

  • Be polite and diplomatic, but also be bold and assertive.
  • Get answers to every reasonable question you have, or don’t take the job.

What’s a reasonable question? It’s one that, if left unanswered, might lead you to reject an offer. If you’re left feeling uncertain about something now, it’s going to be much worse once you’re on the job. Trust your gut: Get answers to every question that matters.

What’s the best time to ask your questions? Before, during, and after the interview. I’m not trying to be cute. It’s a judgment call. You wield the most power after you receive an offer and before you accept it. It’s really the only time you have great control in the interview process. That’s a good time to call the manager and explain that there’s some additional information you need. Can they meet with you briefly one more time? If they decline, that suggests a lot about how they may treat you later. (Is it possible they’ll be offended and rescind the offer? Sure, though I think it’s very unlikely. But, what would that tell you?)

A final note: Make sure you’re talking with the person you’re going to be reporting to. While the personnel department can answer questions about benefits, company policy, and the like, you’re not going to be interacting daily with the personnel staff once you’re hired. Your key questions are about the work, and it’s the boss who can tell you what you need to know — if you ask. And don’t be afraid to ask, ever.

If something is a make-or-break issue, it’s better to get answers before you accept the job. The best employers will be happy to share the information you need.

(If you need more detailed help assessing an employer, see “Due diligence: Don’t take a job without it” in Fearless Job Hunting, Book 8: Play Hardball After The Interview, and “How do I ensure the job offer matches the job?” in Fearless Job Hunting, Book 9: Be The Master Of Job Offers.)

What tough questions do you ask employers? Has an employer ever refused to answer? Are there questions that are off limits for job applicants? I’d love to hear from employers, too.

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How your old boss can cost you a new job

In the April 15, 2014 Ask The Headhunter Newsletter, a reader worries about how much “notice time” is enough when quitting a job:

I’m a licensed professional working in a small firm. During lean years a few years ago, my boss arranged for me to do some other work so that he wouldn’t have to lay me off. I even did some dog and house sitting for him. So we are close. Nonetheless, now it’s time for me to move on. I will not consider a counter-offer or any back-and-forth negotiations.

I’ve heard my boss say that if anyone leaves the firm, he’d like a month or two notice. I’ve read your thoughts on this, and I agree a long notice is a bad idea — potentially a trap for being abused during the transition period, and who would wait one or two month’s for a new employee to start work? Frankly, I’m hoping to give two weeks’ notice and to take a third week for vacation between jobs.

When I leave, I’ll do all I can to leave my desk in good shape for my replacement, but the firms I’m interviewing with will want me to start quickly. Is there a good way to go about this?

Nick’s Reply

Your boss’s wishes are one thing. Reality is another. As you’ve clearly realized, your own career safety is paramount, no matter how friendly you feel toward your current employer. Your old boss can cost you your new job.

quittingHere’s the message you need to deliver to your boss when — and only when — you have a bona fide, written job offer in hand and you’ve accepted it and have a firm start date:

How to Say It
I’m afraid i It’s time for me to move on. I’ve accepted a job at a firm where I can continue growing my career in directions that are important to me. I’d like to give you two weeks’ notice. Of course, I will devote that time to helping organize my work to facilitate the transition to someone new – anything you need.”
[Note: I’ve modified this suggestion thanks to a comment from GEM below.]

Stop there. Your boss may not ask for more time. Or, it’s unlikely but I’ve seen it happen, he may ask you to leave immediately. (There’s no guessing at how an employer will react, so plan for the worst.)

If he presses you to stay for more time, try this:

How to Say It
“I wish I could do more, but in today’s economy no company I’ve talked with permits the kind of transition time I’d like to give you. My job offer is contingent on a quick start date.”

Don’t complain and don’t explain in any more detail. Do the right thing within the constraints you have. And let your old employer deal with the rest. Don’t let him turn your business with your new employer into his business. Don’t fool around with requesting an extension on the start date for your new job. The answer might be a withdrawn offer. (Be sure you’re Starting a job on the right foot.)

Again, be prepared to be shown the door immediately if your boss gets upset. (Now I’ll shock you a bit: If you have personal belongings in your desk, get them out before you announce your plans.)

There’s a standard for doing the right thing, and that’s two weeks’ notice. I know it sounds cold, but you don’t owe anyone any more, even if they cut you a break during hard times. If you want to try to return that favor, do it in a way that won’t cause problems at your new job. Offer to recommend a candidate for the job, if you can. Offer to help write the job description and to help interview applicants during your notice period. Offer to work late during those two weeks, if necessary. (The guy did you a solid; do one for him to the extent you can.)

Part friends if you can. And when you get that new job offer, remember that there is no sure thing. I wish you the best.

What do you owe your employer when it’s time to move on? I’m sure you have more ideas and even some personal policies. Should this reader try to extend the start date at a new job?

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What to say to a stingy boss

In the April 8, 2014 Ask The Headhunter Newsletter, a reader says her boss “gave her a raise” by hiring another employee:

I have been with my current employer for six and a half years. I was promoted six months ago from administrative assistant to assistant manager. I got the title but no pay increase. Since being employed with this company I have not received any type of raise, only an occasional small bonus (less than $600). I recently asked the owner about a cost of living raise. His answer: “I did give you a raise when I hired a new person for your department. This took a large work load off you and that in turn was your raise.”

underpaidI almost fell out of my chair. I try very hard to be an optimist, but I am still trying to wrap my head around his response. I have proven that I have been very committed to this company. I have streamlined daily duties to save time, and I have found ways to save him thousands of dollars in operating costs. My boss informs me often that his clients compliment him on my professional skills and follow-up. I have a file of examples, but still I am not worthy of even a cost of living raise. My new co-worker was hired at the same time I was given a promotion in title only. She managed to negotiate $8,000 more than I am paid, with two years of experience against my six years. The only benefits that I receive are three weeks vacation. No retirement, no health insurance.

My boss also made this important statement: “I don’t believe in giving raises. People should learn to live within their means.”

My fire was ignited. A still small voice inside me is screaming saying, don’t settle, have courage, and as my father would say, go out there and shake those bushes.

I do apologize for the roundabout explanation. Do I stay and accept no pay increase ever, and just accept that maybe someday I can possibly make an increase in salary when my current manager retires in 10-15 years?

Or should I just go for it and test the market and just see what might be on the other side of that door? I will admit, I am old school when it comes to changing employers often. I tend to be very loyal. What makes me stay? I really do enjoy my work and I enjoy finding ways to save money. It’s a challenge for me. But now that I realize there will be very little compensation in my efforts, I feel defeated to say the least. My resume is ready. I’m the only one holding myself back.

Thank you so very much for all the information you have put together for people like me. I greatly appreciate any insider tips to help me navigate my way in a southern good ol’ boys business world.

Nick’s Reply

Your note reveals to me that you are a class act. A bit naive, but classy.

Loyalty goes two ways. If you’re giving your employer your best and he’s failing to recognize your increasing value to his business, then he’s not being loyal to you. I’m not trying to stoke the fire of discontent, but I don’t think you have anything to feel guilty about.

You’ve invested six years of your life in this business, and your boss has acknowledged your value to his customers. Now he’s given you a higher level job to acknowledge the growth of your skills and abilities. You are delivering much more value to him than you were when you were hired. But he’s delivering no more value to you.

stingy-bossHis statement that, “I don’t believe in giving raises. People should learn to live within their means” tells you all you need to know about this man: He’s taking advantage of you. My guess is that he’s earning far more today than he was six years ago, in part thanks to you. He’s not sharing that success. And as a boss, he’s not grasping a very simple but important idea about salary: That’s why it’s called compensation.

His statement that hiring a new person is his way of giving you a raise is a ridiculous insult. All I see here is a man with a very small mind who thinks he’s clever. But don’t begrudge your new co-worker her higher salary. Good for her for negotiating it. Her success is no reflection on you. (I discuss how to handle salary disparity in Fearless Job Hunting, Book 7: Win The Salary Games, pp. 16-17, “Why does he get paid more?”)

I’d take your boss up on his advice – live within your means. And your “new means,” with six years’ experience under your belt, include greater skills and abilities, and a higher value. Find an employer who recognizes that, respects it, and is willing to pay for it.

Keep in mind that searching for a new job always poses a bit of a risk. But I think doing nothing but accepting this man’s edicts is far, far riskier for you. If you stay, in another six years your self-respect and self-confidence will diminish, and you will indeed be worth less.

Your boss is wrong. Your father is right. Do it carefully and intelligently, but find yourself a better employer. (Let me caution you: Don’t look for a job.) Life is short, and as my best mentor told me long ago, “Never work with jerks.”

When you say goodbye to that fool, remember: Never complain, never explain. Do not express your dissatisfaction or explain why you are leaving, except to say, “It’s time for me to move on. Good luck.” (Nothing is gained by venting to an old boss except the venom he will spread about you.) So keep your standards and your head high. Rest assured that this man’s comeuppance will appear to him every morning when he looks in the mirror — while you earn what you’re worth.

When is enough, enough from a selfish boss? How do we know it’s time to say, so long? Have you been abused longer than you should have permitted? What pushed you to finally move on? What are your suggestions for this reader?

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The Bogus-ness of Indeed.com

In the April 2, 2014 Ask The Headhunter Newsletter, a reader asks me to stop dissing job boards:

You claim that job boards don’t work. Yet virtually every job in the world is advertised on job boards, and employers use job boards all the time! Just look at all the traffic they get. I think you’re missing the boat — please admit that there’s plenty of evidence the job boards do work!

Nick’s Reply

Here’s the problem with job boards today: None of them offer any evidence that they work.

What does it mean that “they work?” It means they actually match people with jobs. You know: find jobs for people and find people for jobs.

Indeed-infographicAbout.com says, “The best sites for finding job listings in 2014 will help you find the most current job openings fast” (about.com). Finding job listings is one thing. But if job boards actually work, they should be able to show they are the cause of hires. They claim they are, but they offer no evidence.

Let’s look at Indeed.com, which is referred to as “arguably (and probably) the largest job search engine” (DigitalTrends).

On March 27, 2014, Indeed published an article and infographic titled “How 140 Million Unique Visitors Use Indeed to Find Jobs.”

On its face, the title seems clear — it’s going to tell you how people found jobs using Indeed. But the infographic shows nothing of the sort. In fact, contrary to the misleading title, the graphic seems to be very careful not to claim Indeed actually fills jobs. Let’s look at the data presented in that infographic (click here to follow along). It tells us everything except whether Indeed works:

1. 140 Million unique visitors each month. So what? What does tracking unique visitors have to do with actually filling jobs? All this tells us is that lots of people go there.

2. “Traffic on Indeed has increased by 40% over the past year.” Again, so what?

3. “Each month, 72% of online job seekers in the US visit Indeed.” But, how many get jobs there? There’s no mention of that. I’m still waiting for how all those people use Indeed to actually find jobs.

4. “There are 25 million resumes on Indeed that employers search for free.” Those employers could be printing resumes to line bird cages. Where are the stats on how many people they hired? All this statistic tells us is that employers might be stupid. Judging from the rising complaints about “a talent shortage” from employers, it seems “free” is worthless. And employers are indeed sometimes stupid.

5. “Job seekers use the 4 million employer reviews to research companies.” So what? They use Google to do the same. Does Google claim it fills jobs? Do we see a trend here? Lots of data showing big numbers, which seem impressive by themselves — but no outcomes analysis.

6. “45% of Indeed searches come from mobile.” Yah, so? Every marketing program today includes the obligatory reference to “mobile.” But how many of those searches yield hires?

7. There are 16 million jobs on Indeed worldwide, and 8.2 added per second. But how many are filled by people searching for jobs on Indeed?

8. Indeed is available in 50+ countries in 28 languages. Perhaps translators are getting jobs. What are the success rates by country?

The infographic slams us with impressive statistics about web traffic, numbers of job postings and resumes, percentages of job seekers that visit — all kinds of data. Indeed concludes that “More people find jobs on Indeed than anywhere else.” After scanning the clever infographic, you probably believe it.

Well, I don’t. I think it’s all b.s. All I see is that lots of people find job listings on Indeed. (Oops, could that be what Indeed really means?)

In the midst of all this promotional “info” there is not one shred of data that tells us how many people actually got jobs on Indeed, or how many jobs employers filled on Indeed. “People find jobs on Indeed” clearly means they found job listings in Indeed. So what?

The infographic is bogus. Those numbers do not indicate success rates. It’s classic deception by distraction that convinces people to keep patronizing job boards.

My challenge to job boards

I challenge Indeed.com, and every other job board: Show us your job fill rates and the success rates of job seekers who use the service, and point us to your data. Indeed’s revenues are not public, but they must be staggering. The company clearly spends a lot on advertising and promotion. You’d think that if Indeed had a shred of evidence that its service actually works, it would be prominently displayed in the infographic.

Why isn’t it?

I can’t find one word about Indeed’s success metrics on its website. Can you? Indeed features an “Engineering Blog” on its site — posts about database technology — but nothing about outcomes analysis or success metrics.

My guess is that Indeed’s dirty little secret is that human resources departments dump billions of dollars into an empty hole, and that nobody really cares how many jobs Indeed (or any job board) actually fills — as long as the cash keeps rolling in.

The job boards “show us the money” because they’re making it hand over fist. But they don’t show us results.

My challenge to employers:

I’ll make a second challenge to employers: Pay a job board only after you make a hire through that board. Suddenly, job boards will be able to accurately track who got hired from where. And you’ll know where your money is going. (This is no different from this challenge to job boards that charge job seekers.)

Funny thing

Every job board executive I’ve ever talked to claims that “there’s just no way we can track actual hires — it’s too complicated.” Gimme a break. Web analytics is rocket science today — we can track virtually everything you do online — and there’s no way to figure out whether a job board was the cause of a job being filled? Wouldn’t the very best job service be designed to ensure it gathers the necessary data to prove it works? I mean, what are all those “data scientists” for, anyway?

I think the truth is simpler: Indeed.com and most of the other job boards (the bigger, the worse) use deceptive marketing tactics to imply bogus benefits. Certainly, they fill some jobs, but just because millions of people gamble doesn’t mean enough of them win to justify the practice. All it means is that the house wins.

While you keep job hunting, you generate more visits to Indeed.com, which yields dramatic increases in “the data” — and in the number of suckers born every minute.

Do job boards work? I’d love to hear from employers who actually know where their hires came from. Did you get a job through Indeed? What’s your best source of hires — or jobs?

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How do I prove I deserve a higher job offer?

In a recent edition, we discussed what to do when an employer makes you a low job offer for a job you plan to take anyway. Now it’s time to boost the employer’s opinion of what you are really worth, well before an offer is ever made to you.

In the March 25, 2014 Ask The Headhunter Newsletter, a reader asks how to get a bigger offer:

I think you’re right: To get a company interested in me, I need to show what my value is to them. But if I’m not a salesperson or entertainment star (in which case it should be very obvious), how do I quantify my value to an employer’s bottom line? How do I actually prove I’m worth a higher job offer?

more-moneyNick’s Reply

Here’s my general approach: Estimate as best you can how your work will produce revenue or reduce costs for the company. Then explain it to the employer. Your numbers will be off; that’s okay. What matters is being able to have an intelligent discussion about how you can do the job in a way that pays off to the employer.

Virtually no one does this in a job interview. I’ve had people tell me it’s presumptuous to talk about how they’d contribute to the bottom line. Others claim it’s impossible to calculate one person’s impact. Again, what matters is that you’re telling the employer you care about his success and how you’d fit into the equation. Don’t lecture; have a discussion..

I address this challenge in Fearless Job Hunting, Book 6, Be The Profitable Hire. Here is an excerpt from the book:


Estimate your impact to the bottom line

If the work you do is overhead and mostly affects costs: Do you shave two minutes off each customer service call you handle? Have you figured out a way to get projects done 20% faster? Multiply this by the hourly wage or by the salary. The savings are just one part of the profit you contribute. Get the idea? I’m simplifying, but few of your competitors will offer any estimates at all. This gives you a good, honest story to tell the employer about how you will contribute to the success of the business. It gives you an edge.

If the job affects revenue: Try to quantify the impact. Your estimate may not be accurate, simply because you don’t have all the relevant information at your fingertips, but you must be able to defend your calculations. Run it by someone you trust who knows the business, then present it to your boss or to your prospective boss. You can even present your estimates in the interview, and ask the employer how you might make them more accurate. This can be a very effective ice breaker.

If you can’t demonstrate how you will contribute to the bottom line, then be honest with yourself: Why should the employer hire you? Or, why should your employer keep you?

Rather than demonstrate their value, job hunters hand over their resumes and wait for the employer to figure it out. Employers are not good at figuring out your value… The particulars depend on the job and the situation. I can almost guarantee that when you discuss a job in such profit-based terms with management, they won’t care so much about your actual numbers. But they’ll be impressed that you cared enough to try to work it out. (Just make sure that you do the necessary homework before you go to the interview!)

Reprinted from Fearless Job Hunting, Book 6, The Interview: Be The Profitable Hire, “How can I demonstrate my value?” pp. 8-9. The book includes “How to do a Working Interview,” “What’s your business plan for this job?” and 10 other methods to show you’re the profitable hire — plus 8 How to Say It tips.


You’ve already guessed this is not an easy way to boost a job offer. But why should it be? Why would anyone offer you more money if you can’t show them what they’ll get in return? This is how the best headhunters coach their candidates to get the best offers.

Job interviews have become so rote that applicants just show up, and employers think they’ll be able to make a hiring judgment based on a bunch of worn-out questions and answers. That’s to your advantage. Your competition is not likely to attempt what I’m suggesting. To be the applicant who stands out, be ready to show why you’re the profitable hire. Do the work, win the job.

How do you get bigger job offers? What advice would you give this reader? Have you tried and failed to get more money?

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

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

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

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

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

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

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

The Court noted that TheLadders advertised itself as:

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

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

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

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

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

ladders5The Court wrote:

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

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

According to the complaint,

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

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

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

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


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

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

cenedella3

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

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

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


Related articles

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

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Play Hardball With Slowpoke Employers

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

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

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

Nick’s Reply

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

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

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


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

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

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

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

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

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

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

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

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

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2 Big Time Sucks: Resumes and slowpoke employers

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

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

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

Nick’s Reply

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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