Handouts: What information should employers give to job candidates prior to interviews?

In the previous posting, Why do companies hide the benefits?, we discussed what a job applicant can do when the employer makes a job offer but refuses to disclose the benefits package until the candidate accepts the job.

Gimme a break!

I suggested that employers should have a prepared handout for all job applicants: Here are all our benefits! Ain’t they great?

Before doing a job interview! That’s #1.

Because what’s the big secret about benefits? Include some disclaimers, state that certain terms are dependent on the position or negotiable — but for goodness sake, promote the quality of the benefits!

Which got me to thinking…

Employers could save themselves and job applicants an awful lot of time and hassle… There’s all kinds of handouts they could provide to job applicants prior to interviews. Like what? Well…

2. Why not hand out the salary range on the job?

What’s the big secret? Hand it out to everyone who applies:

“This position pays between $80,000 and $100,000. But that’s no guarantee. Please be aware that we will make an offer that we believe our best candidate is worth to our business.”

So what if the candidate knows what the employer is planning to spend? Afraid that’ll adversely impact the employer’s ability to control costs and negotiate? So does the candidate’s salary history — but employers don’t hesitate to ask for that.

I’d like to see a salary range handout.

What else should employers hand out to job applicants (and prospective candidates they’d like to lure)? This could be a whole new recruitment marketing initiative!

3. ??

Okay, you’re up… Somebody want to give me a #2? #3? More? What information should emloyers give you before you even agree to show up for a job interview?

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Why do companies hide the benefits?

In the August 7, 2012 Ask The Headhunter Newsletter, a job hunter wants to why an employer refuses to disclose what the employee benefits are until the offer has been accepted:

I’ve been offered a job by a very large company. The salary is fine and the job sounds good. The offer letter states that I am eligible for benefits, but it doesn’t say what the benefits are.

I asked the headhunter who was working to place me, and he said the company’s policy is not to disclose the benefits until after I’ve accepted the position. This sounds really bizarre. The headhunter has assured me that the benefits package is very good and I shouldn’t worry about it; I’ll be happy with the package.

Should I take his word for it and accept the job, or should I run the other way?

My Advice

You’ve run smack up against one of the most perturbing and ludicrous practices of many companies: They will not divulge the details of their benefits package and/or their employee policy manual until after you have started work.

Why? Honest, this is the usual answer: “Our benefits package is considered a competitive secret, and our employee manual is confidential.”

You are right to be skeptical.

They invite you to join the game, but you can’t see the rules in advance. You may make an investment in the company, but you may not see the financials. You may buy the house, but you may not do an engineering inspection first.

Did you ever ask to see a menu at a restaurant only to be denied?

Please rest assured, the company you’re dealing with is behaving stupidly. You may be tempted to run away, but don’t. Take some control of the negotiation.

Call the office of the CEO and very politely explain that you are sitting on a job offer that you’re ready to accept, but you have a question no one — including the HR department — seems able to answer to your satisfaction. Decline to say what the question is until a staff member from the CEO’s office (someone who is not in the HR department) agrees to talk with you. I’ll bet you dinner (I’ll even show you the menu) that the CEO’s office has no idea that HR withholds such basic information from potential hires.

If you get to talk with a sensible company representative, here’s How to Say It:

“I’m impressed with your company, and I’m eager to come to work with John Jones, the manager of your finance department [or whichever department]. However, I cannot accept this offer without knowing all the terms of employment. I could no more sign an employment agreement without knowing all the terms than your company could sign a contract without knowing what it was committing to. I’m sure you understand. Could you please send me your employee manual, benefits package, and any other documents that would bind me after I start the job? Once I have these, I will promptly respond. I look forward to accepting your offer, and to making a significant contribution to your business. Please don’t ask me to talk with your HR department — they have already refused to provide these basic documents. I hope I can count on your help so we can all get to work.”

Although I think a company’s refusal to disclose benefits is sufficient reason to decline an offer, I should warn you that the more serious risk lies in taking the job before you’ve seen the employee policy manual. This is where things like non-compete rules, prohibitions against moonlighting, surrender of invention rights, and other important terms are sometimes hidden.

If you balk at these rules after you’ve started the job, your only option is to quit — without the freedom of being able to fall back on your old job. Moreover, be aware that those rules may still apply after you quit. A job offer is a contract, and certain terms of that contract may survive your resignation or termination. Get it all in writing. A company’s employee manual is usually incorporated by reference into a job offer. When you accept one, you accept the other. But don’t stop there: Beware the cause clause.

Be very careful. Question authority. Question such policies. They stink, and there’s good reason to say so. You risk getting the company upset, but as I asked earlier, would you agree to pay for a meal at a restaurant before you know what’s on the menu? (In some European restaurants, they go a step further and graciously invite you into the kitchen where you can see how the food is prepared and check out the bubbling pots for yourself, before you even sit down!)

Not all companies have such policies about benefits information. I discourage you from signing a contract (a job offer) from a company that will not divulge everything you need to know. I’d tell the headhunter you have your own policy: I need to know what the entire offer is — including the benefits.

Have you ever taken a job without knowing the employee benefits? Have you encountered a “gotcha” too late? What else do you need to know before quitting your old job to accept a new offer?

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How to negotiate salary through a headhunter

In the July 24, 2012 Ask The Headhunter Newsletter, a job hunter wants to know how to get the best compensation deal through a headhunter:

What can I expect from a recruiter when I’m negotiating salary and compensation? After all, doesn’t he work for the hiring company?

My Advice

This question is so common that I include an entire section about it in the PDF book, How to How to Work with Headhunters … and how to make headhunters work for you. This advice is from Section 4: Talking Money.

To understand a headhunter’s motivations for negotiating your compensation, you must understand the headhunter’s job.

How to help the headhunter help you

Before there’s any chance to negotiate, the headhunter’s real challenge is to get a company and candidate to agree they want to work together. This has nothing to do with money. It’s all about the people, the company, and the job. That’s why it’s crucial for you to decide whether you actually want the job (as long as the terms can be worked out).

Saying you want the job doesn’t mean you’ve accepted the offer, but it sets the headhunter loose to get you a deal you’ll accept. It helps you win the headhunter’s cooperation, because half the battle is won. There’s nothing for the headhunter to negotiate unless you let him know you want the job.

Once your motivation to take the job is settled, the headhunter can get to work on the financial terms. Even though the headhunter works for the employer, he earns no fee unless he can work out terms that are satisfactory to you.

Be ready to express what you want

This is where many job candidates blow it. They don’t want to express what they want. They believe that if they don’t state what they want, they might magically get more. Nothing could be farther from the truth. Take note: If you have an offer, the employer has already put a number on the table. It’s decision time for you. If you can’t decide what you want, you can’t make the headhunter work for you. You must arm him with specific instructions. At this stage the headhunter will advise you what’s reasonable to negotiate with the employer — but he will do the negotiating on your behalf with his client.

So, be frank, but don’t be ridiculous. Tell the headhunter what offer you would accept. If the headhunter thinks your terms are nuts, he’ll tell you, but don’t hold it against him. He won’t go back to his client with an unreasonable request. But he’s not likely to drop-kick you out of the deal, either. He may try to convince you to take the offer as it stands. Or, if he thinks there’s some wiggle room in the offer, he will try to negotiate with you and with his client for a compromise.

Know where you fit in the negotiations

The headhunter’s position as the middleman makes it easier for you to work out the terms without jeopardizing the offer altogether. He wants to get the deal done as much as you do.

The client pays the headhunter, but the headhunter needs your cooperation, so he’ll work with you to set reasonable terms for your acceptance. The client gets the hire. You get a job you want on favorable terms. The headhunter gets his fee. All three parties must work together.

Of course, this all assumes you’re dealing with a good headhunter, but that’s another question, covered in another section of the book, Section 1: Understanding Headhunters. You’ll also learn more in the book about exactly why this approach to negotiating with a headhunter helps him negotiate a better deal for you. (Needless to say, the headhunter could be a she.)

What’s your experience been with headhunters? Did you get the deal you wanted? How did the headhunter handle the negotiations between you and the employer? How did you protect your interests?

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Hiring Manager: HR is the problem, you are the solution

In the July 17, 2012 Ask The Headhunter Newsletter, a manager complains that Human Resources (HR) departments are behind the talent shortage:

I don’t have a question, but I want to share stories about two candidates that I interviewed. (I am a manager.)

I am continually astounded at the kinds of idiotic discrimination I see companies engage in when they’re hiring. This simply confirms my suspicions that bad HR managers are a major impediment to good candidates getting good jobs.

I’ve been to job fairs where companies tape up signs saying “U.S. Citizenship Required” and “Must Speak English.” This puts me in mind of the “Irish need not apply” and “No Blacks” of earlier years. There are very few jobs that genuinely require citizenship (as opposed to employment authorization) and I’ve found precious few on this side of the Atlantic who come close to speaking proper English!

At my company, HR often turns away good candidates for reasons just as ludicrous as those signs. This is what happened to two people I interviewed. HR ignored both of them as “unhireable.”

One candidate had a Chinese accent so thick that I had difficulty understanding anything she said. During the interview I resorted to asking her to write or draw in order to assist communication. I saw strong technical skills through the language problems that this new immigrant had and I made the offer.

Another candidate was so nervous that he completely messed up most of the questions in the first half of the interview. I persevered, put him at ease and satisfied myself that he was technically able. I hired him, too.

Both these people have been stunning performers in my company. The Chinese candidate has improved her language skills to the point where communication is no longer a challenge. The formerly nervous candidate has gained confidence. The only downside is that either candidate could now go elsewhere and breeze through interviews with the sort of lame-brains who (I believe) routinely pass up good candidates because it takes a bit of extra effort to get to know them.

The moral of this story is, if you are a candidate, try to talk to managers, not HR. If you are the solution, prove it. If you are a manager, try to get at the candidates before HR filters out all the good ones. If you are a recruiter, drop the dumb prejudices! There is no talent shortage, just a shortage of good hiring practices and patience!

My Advice

I could kiss you. Thanks for the reality check. Employers are losing great candidates due to crappy judgments about who is worth interviewing and hiring.

I haven’t seen the sort of signs you refer to, but then again, I haven’t been to a job fair in a long time. However, I have seen good job candidates passed over by corporate representatives who had no skin in the game. That is, they weren’t hiring managers. It’s amazing, isn’t it, that a good hiring manager will dig a bit deeper to get to know a candidate than an HR manager might — because the manager needs to fill a job.

Do HR workers, in general, discriminate? Are they lazy? Your stories raise these provocative questions, and you deliver a sharp message: Companies do themselves a disservice when they keep the hiring manager at arm’s length from the hiring process.

Today HR uses software to filter candidates before any human judgment is brought to bear. The result is that excellent prospects are denied before the hiring manager even knows they exist. Why does HR do this?

HR’s answer is just as dumb as it sounds: HR has so many applicants that it has no choice but to use software to filter them!

And my rejoinder reveals just how stupidly HR behaves: HR created the problem itself! Where do you think all those tons of applicants suddenly came from? HR posts jobs and solicits any and all applicants — then complains it’s got too many?

For $50 I’ll give any HR department the solution: Stop posting jobs and soliciting millions of resumes. More is not better — so stop with the stupid excuses already. End the problem of “more applicants than we can handle.” If too many are applying, you’re not doing your job. The point is to use methods that attract the right candidates — not tons of candidates!

And here’s the rest of the solution: HR should handle the administrative process of getting new hires on board, but HR should get out of the business of recruiting, selection, interviewing, and hiring. That’s for managers – those who have skin in the game.

You didn’t ask a question, but there’s lots to learn from what you had to say. I hope employers (and job hunters) see the lessons in it.

Both managers and job hunters need to get down to brass tacks: Talk about how to do the job profitably. In How Can I Change Careers? (or jobs) is a simple method for preparing for interviews so you can prove to a manager that you’re worth hiring. It’s not difficult for managers to set up an interview to ensure the candidate will have a chance to show what they can do — so the manager can make a sound hiring decision as quickly as possible.

If you’re a manager, have you ever missed out on good hires due to HR’s “filtering” process? How do you find your new hires? If you’re a job hunter, how do you get past the HR meat grinder so you can actually talk to the hiring manager?

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Say NO to job leads

In the July 10, 2012 Ask The Headhunter Newsletter, a job hunter complains that job leads don’t pan out any better than job postings:

To build up my networking, I’ve started going to two different job clubs. One is related to my line of work, information technology (IT), and the other is more general, with people from lots of professions attending. Both groups start with a job lead portion of the meeting and some good information is given out. But I wonder what you have to say about this, since you advocate networking so much. None of these leads have panned out any better than job postings I respond to. I submit my resume and I try to call, too, but nothing develops. Job leads from real people should be more productive than answering job postings, you would think. Is networking a fallacy or am I doing something wrong?

My Advice

Networking is not a fallacy, but the term is so over-used that I think it’s confusing you. Getting job leads at job clubs is not networking. What you’re doing wrong is wasting face time, and I’ll try to explain why. But first, I think you’re right that “job leads” are no better than job postings.

Most job leads are like job postings

Have I gone totally nuts? Am I telling you to say NO to a job lead?

Not all job leads are the same. While getting a lead at a meeting might seem more personal, it’s very different from a personal referral from some who knows, respects, and trusts you — and who has true insider connections. The leads you’re talking about could originate anywhere. They are more like job listings than leads.

Now I’ll try to explain why you should say no to most job leads. Matt Bud is a friend of mine who runs The FENG — The Financial Executives Networking Group. In a recent newsletter to over 40,000 members, Matt discussed one of The FENG’s services: in-person meetings where financial folks network and share job leads. Matt makes the same point I do — and I think very few people get this, so please think about it carefully:

“Sharing old job leads, which is what happens at face to face meetings, doesn’t really benefit anyone. It just takes up time that could be better spent networking.”

I do pro bono presentations for a local job club. Here’s what I say to them:

“So, here you are — a bunch of unemployed people, coming to meetings where you expect other unemployed people to give you job leads…”

Most job leads are old news

As Matt points out in his newsletter, any job lead is old news by the time it gets to you. It’s almost no better than a job posting on Monster.com. But, you might say, this is information fresh from the lips of real people who often get job leads from personal contacts.

Here’s Matt’s take on the value of such leads:

“Were they filled yet? Probably not, but the candidate slates aren’t likely to be expanded if the job is over a few weeks old. They sound good, but you are receiving totally useless information.”

Invest in opportunities, don’t chase what comes along

The age of job leads isn’t the only issue to consider before you quickly tap out a resume submission on your smartphone. That lead — even if it’s sound — is for a job that came along, not one you developed yourself. This is an important point.

While you’re likely to chase what comes along, by quickly e-mailing an application on a lead, you’re probably far more motivated to invest in a more effective approach if the job (or employer) is one you carefully researched and decided was a top-quality target for you.

For example, you might triangulate around the job to get inside information that confirms the fit and bolsters your presentation. You’re also more likely to cultivate a strong personal referral who actually recommends you to the boss. Both actions help you vet the opportunity and boost your chances of success dramatically.

But you’ll shake your head and ask, What’s the point, since any lead, no matter where it comes from, could turn into a good opportunity? My point is that opportunities that “come along” often turn into mistakes, precisely because you didn’t choose them yourself. I think most people go job hunting because they took the wrong job to begin with, most often because “it came along.”

Network with a plan

Job leads that come along are not what’s best for the job hunter. True opportunities that are really good for you are carefully selected and developed, not picked up at a meeting. Showing up and listening to a broadcast of leads is not networking, even if it’s done in person.

Most of the time, networking is a lifestyle. It’s about meeting new people and blue-sky exploring. In this context — active job hunting — networking is a tool in the service of a clear objective. “A job” is not a clear objective. A particular employer or job is. The approaches are radically different.

Carefully select a target employer or job, and network to gather information that lets you develop a plan you can present to the employer. Be ready to demonstrate why you are the profitable hire. Network to convince insiders to recommend you. The most effective form of networking involves finding people who introduce us to employers, and who teach us how we can help the employer — so we can stand out as the person the employer wants to hire.

A job lead picked up at a meeting gives you no such edge because you didn’t work for it.

Say NO to job leads — Say YES to networking

I agree with Matt Bud. Getting together with other job hunters to hear about job leads is a waste of time. Learn to say no to job leads, and instead use the time more profitably. Use face time to network — but have a very specific, clear objective.

My PDF book, How Can I Chang Careers?, includes a pivotal chapter titled “A Good Network is a Circle of Friends.” One section, “Seek advice, not help,” emphasizes the importance of having a specific objective you need advice about — whether you’re changing careers, or just jobs:

“No one wants the ‘Can you help me find a job?’ monkey on their back because the monkey requires feeding and lots of attention. That’s why most people you ask for help will quickly refer you to the personnel office. On the other hand, if you approach me for advice rather than help, that’s something I can provide…”

The person you’re networking with will be happy to share advice and engage in discussion that reveals whether you’re worthy of friendship. And friendship is what leads to personal referrals, which is where jobs really come from.

Am I splitting hairs, or is a job lead about as useless as a job posting? How do you network to get truly useful referrals? Do you give out job leads? What’s the best way to get in the door for the job you really want?

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My employer withheld my pay

In the July 3, 2012 Ask The Headhunter Newsletter, a 20% bonus disappears:

When I was hired, my offer letter included the promise of an annual 20% bonus. Recently I was transferred internally, but there was no notice of a change in my compensation deal. Bonus time came around but neither my old or new department budgeted for my bonus. I’ve been making monthly appeals to my boss, who keeps getting the runaround from Accounting. It turns out that no one else at my level gets bonuses. To make matters worse, the company was acquired and all our jobs are up in the air.

Is there any way I can get the bonus I’m due? The amount is substantial. This sounded too good to be true when I got the offer letter, but there it is in black and white: 20%.

My Advice

I don’t ordinarily tackle questions that require legal advice, but there’s also a matter of principle here. It seems the company is breaking a simple agreement and it’s worth discussing how to deal with that. However, my advice is not legal; for that you’ll need an attorney.

Since your offer letter promised an annual 20% bonus in writing, and since you got no other written notice to the contrary, then I think the company has an obligation to pony up the money. While a company may have the right to reassign you to a different job or department, I don’t believe it’s got the right to withhold compensation.

If your boss is “getting the runaround from Accounting,” that’s not your problem. Accounting doesn’t decide whether you’ll be paid; your employer does. This passing of the buck suggests that who’s getting the runaround is you.

Given the circumstances, I’d pursue this quickly and create a document trail. If you get laid off before you put the issue on the table, it’s going to be harder to resolve it.

Take this to the highest level HR manager you can. Put a copy of your offer letter on the desk and politely ask what the problem is. (Keep the original under lock and key.) The difficulty is that you’ve waited a long time since the bonus was due, but that doesn’t excuse your employer. I’d also ask HR for a written statement about the company’s position on the matter — build that document trail.

Listen to what the HR manager has to say. If there’s no resolution within a week, send a certified letter (with proof of receipt) to HR outlining the situation, and copy the letter to your attorney. Do not say anything accusatory in the letter: Be purely factual and request your bonus.

It’s unfortunate that you need help to get paid what you were promised. But my expectation is that this is going to require the help of an attorney. When your boss blames Accounting for not paying you, you can blame your attorney for any awkwardness, too.

By the way: Don’t let the idea of turning to lawyer make you uncomfortable. A good lawyer will work with you to control legal costs, and to develop a strategy for collection that avoids spending more than the recovery would be worth. Start with a consultation to help you decide what your best options are, and to estimate the costs.

Ever get paid less than you were promised? Was it in writing? What did you do to recover the money?

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What if there’s no time to prepare for the job interview?

In the June 19, 2012 Ask The Headhunter Newsletter, a job hunter is frustrated by last-minute interviews:

Here’s the harsh reality of job interviewing. You apply for a job, you are called in for the interview, and there is no time to do all the research and preparation that you recommend we do. I have been in this spot, as I know most people have. How many times has a headhunter called at 4:00pm and said, “I have a great job possibility for you. Are you available tomorrow at 9:00am?” How can you prepare yourself in the manner that you recommend? Should one just say no to the interview? I think not, especially when one has been out of work for a while. Your input/answer is?

My Advice

Why on earth would you want to go into an interview when you are unprepared, and likely to embarrass yourself?

I have three comments on this.

1. Don’t apply if you didn’t choose the job based on research.
If you selected this company as one you want to work for, I expect you selected it for several good reasons, all based on your research. Even if you were introduced by a headhunter, due diligence is necessary. Thus, you must know quite a bit about the company, or why interview?

2. Good headhunters always prep their candidates.
Any headhunter worth his salt has lots of information about his client company. If he isn’t willing to share some of it with you, you’re interviewing blindly. Why would you want to do that? If the headhunter doesn’t know enough about the company to be able to prep you thoroughly, then the company is not his client. (See “Is your resume spaghetti?“) You’re wasting your time. (Need help figuring out whether the headhunter knows what he’s doing? Learn How to Work With Headhunters.)

3. Preparation is more important than showing up on demand.
A request for an interview is not a command. It’s an invitation. You are allowed to say to the headhunter, “I need two days to prepare properly for this interview, to optimize my chances of success as well as your chances of earning a placement fee.” What idiot of a headhunter would want to send an unprepared candidate to an interview? (Hint: One whose placement strategy is scheduling as many interviews as possible.)

Please remember: Both you and the headhunter have an immense responsibility to make a job interview productive and profitable. Both your reputations are on the line. If you’re dealing with lousy headhunters, stop. If you’re desperate to interview as often as possible under any circumstances, stop.

My advice: Decline the interview until you are prepared. This isn’t a race. It’s business, and unprepared business people lose.

What happened the last time you went on an interview unprepared? Is there a way to fake it that actually works? How do you deal with situations like this?

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Zuck’s Stupid Recruiting Start-up: Moo!

Facebook is about to go face-down to $25 a share — but CEO Mark Zuckerberg may be saved by a new recruiting startup. (Recruiting industry watcher Joel Cheesman just keeps serving these flapjacks up, hot off the grill. I’m still LMAO about the last one.)

Identified.com

The Stanford University-spawned start-up Identified.com just got $21 million in sucker capital funding. (Disclosure: I went to Stanford and have yet to raise $21 million, but I do not hold that against Stanford.) And what does this “fastest growing career site for young professionals” actually do?

 

 

Yep — Identified.com sends traffic to Facebook.

Judging by the time-honored rule of putting your best assets right out front on your home page, Zuck’s got a winner by the short hairs. Somebody finally got the message — just send ’em over to FB right away!

Plus it’s not boring.

That’s the value proposition right off the bat. All you have to do is KMA and “Turn On Platform.”

Not Boring: Identified hangs out with Richard Branson

Courtesy of the Sacramento Bee, you can read all about it in the “unedited press release,” which explains nothing about how the “business” works. Well, it does say that Identified.com:

  • “transform[s] professional identity through gamification”
  • “aims to help young people achieve their professional goals”
  • “[is] taking the principles of game design and applying them to managing your career”
  • “[is] helping young people leverage data to make career choices in a fun, interactive way”

Then I realized where I’ve seen some of this stuff. It kinda reminds me of the classic resume objective statement: “I want to work with people to achieve my professional goals in a progressive company!”

But, the company’s business model, displayed on its front page, is that it’s driving more users to Zuck’s website… and that’s good for America.

And Identified hangs out with Richard Branson.

Dick Is Not On The Website

But the website doesn’t say dick about how it helps people and employers get together to fill jobs.

Because when I spent a few minutes to figure out what the proposition really is, all I learned is that:

The website says as much about the business as the press release. If you want to actually do anything on Identified.com, you need to talk to Zuck:

 

 

Why would V.C.’s dump $21 milion into a website that sends all its traffic to Facebook?

Wired magazine says:

“Facebook is on the cusp of becoming a medium unto itself — more akin to television as a whole than a single network, and more like the entire web than just one online destination.” (Cf., “We’re more popular than Jesus.“)

But then again, Wired also said:

“The sheer magnitude of Facebook’s success is one reason why, as the company charges toward what will likely be the most successful public offering in the history of capitalism…

Disclosure: Wired is my favorite magazine. But like I said, Facebook is about to suck rocks at the bottom of $25 a share. (Facebook Deathwatch reports $25.87 at today’s close.)

If I were Tim Draper, Bill Draper, Innovation Endeavors, VantagePoint Capital Partners, and Capricorn Investment Group, I’d get Marc Cenedella on the phone, quick — Identified.com needs a better blog and a more capable hawker of recruiting services. (No disrespect to all these renowned V.C.s, but Dudes, I went to Stanford, too.)

How are we going to do that? Dunno, but it won’t be boring.

About Identified:

“What Facebook did for your social life, Identified is building for your professional life. How’re we going to do that? We’re going to make managing your career not boring.

I was gonna say, who needs yet another online recruiting start-up? Who needs a business when you can just send all your traffic to Zuck?

But Cheesman already said it (I love this guy’s insights):

“The playbook for start-ups in the recruiting space usually goes something like this: Group of young, educated people — usually coming off their own job search, which apparently qualifies as experience in the employment space — come up with an idea to ‘make things better.’”

More Mooney?

When are the V.C.’s gonna learn that Facebook cow clicking is as good as it’s gonna get?

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

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

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

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

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

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

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

My Advice

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

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

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

Here’s how I see it.

HR blew it.

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

The HR lady tipped you off.

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

You jumped the gun.

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

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

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

You did the right thing, again and again.

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


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

Don’t waste your time with the wrong employers! These methods are all in
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But somebody didn’t do their job.

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

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

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

Who’s on the hook now?

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

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

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


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

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


Doubling HR Costs: Time to change company practices.

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

Now where’s the talent shortage? In HR.

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

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

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

Whose bad?

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

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PoachBase: Another stupid recruiting start-up

You can’t make this stuff up. Now your company can recruit losers, and hire recruiters who can do it more easily.

Featured at the TechCrunch Disrupt Conference: A pitch by a start-up calling itself PoachBase. The “company’s” tag-line: Poach talent from dying companies. The idea is to monitor other start-ups for death rattles and then go steal their employees.

Here’s the pitch:

Now here’s the question: Why would anyone want to recruit employees that are still hanging around a loser company?

My advice (free, no software required): It’s more fun to recruit people from good companies while they’re hanging around the local watering hole after work. (Well, beer might be software.)

Recruiting-industry watcher Joel Cheesman’s explains the problem clearly:

“The playbook for start-ups in the recruiting space usually goes something like this: Group of young, educated people — usually coming of [sic] their own job search, which apparently qualifies as experience in the employment space — come up with an idea to ‘make things better.'”

This is kind of reminiscent of the job applicant whose resume emphasizes, “I want to work with people in a good company.” Maybe they’re all the same bunch.

(If you want to watch the recruiting industry, sign up for Joel Cheesman’s free newsletter. I love it.)

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