Protect yourself from exploding job offers

On January 18, 2016

I don’t know where they’re all coming from: bogus job offers extended by employers, then withdrawn after the job applicant has relied on the offer and quit their old job. In the January 19, 2016 Ask The Headhunter Newsletter, a reader is smart enough to ask how to avoid being left without a job at all.

Question

I’m on contract at a job through a staffing firm. I have found a better position somewhere else. The new company offered the job and I accepted. I’m trying to do this right and to protect myself, so I have two questions:

First, to whom should I direct my resignation letter? To my recruiter at the staffing firm, or to the manager of the department where I’m actually working (at my recruiter’s client)?

bombSecond, I’m scared of telling whoever I’m supposed to tell, and later receiving a letter from my future employer saying that they decided to close the position for internal reasons or something like that. I don’t want to be left without any job at all.

Help ASAP please.

Nick’s Reply

How you quit your job matters as much as what new job you take. Let’s take your questions one at a time.

How to quit

If you’re working on contract through a staffing firm, your employer is the staffing firm. You need to tell them. Of course, the right thing to do is to also tell your manager — but I think it’s best to notify your actual employer first. They should have a chance to limit their exposure by offering a replacement worker to your manager, and your manager should hear it from them.

Here’s a tip from Parting Company: How to leave your job about what to say in a resignation letter, from the section, “Resign Yourself To Resigning Right,” p. 46:

The letter should be just one sentence because — sorry to be the cynic, but careers and lives might hinge on this — it can come back and bite you legally if it says anything more.

“I, John Jones, hereby resign my position with Acme Corporation.”

I won’t get into all the things that might go wrong if you say more, but I detail the risks in the book.

Submitting your resignation is the easy part. The recruiter at your staffing firm isn’t going to be happy that you’re quitting. What will you do when the recruiter, your boss, or your co-workers press you for details? Here’s another tip from the book (p. 47):

Keep your future to yourself. It’s nice to share your new address with your buddies. But if someone thinks your new employer is a competitor, suddenly that comfortable two-week notice can turn into an immediate departure. Or worse.

How to Say It
“I don’t think it’s appropriate to disclose my new employer until I’m actually working there.”

That’s right: Disclosing where you’re going is very risky. Don’t do it.

How to avoid job offers that blow up in your face

As for being scared that the future employer may rescind — or never finalize — the offer, that can always happen. It’s a risk you take when you accept any job, because — especially in a jurisdiction where employment is “at will” — an employer can fire you at any time for any reason or no reason. But you can minimize the risk when you accept a job:

1. Make sure you have the new offer in writing. An oral offer is not good enough to risk your old job.

2. Beware of staffing firms. Is the offer from another staffing firm or an actual company where you’d be working? If it’s a staffing firm, I think your risk is bigger because recruiters will sometimes drop you if they turn up a better applicant for the client — right in the middle of the hiring process, and even after commitments are made. Likewise, the client can suddenly change its mind, and you wind up on the street. Because hiring through a staffing firm is at arm’s length, employers seem to think they have no obligation to consider the consequences for the new hire.

3. Meet the new HR manager before quitting your old job, but after they’ve promised an offer. This is a technique of personal politics. They’re not likely to meet with you if they’re not certain they’re hiring you. Insist on a face-to-face meeting with HR before you resign your old job. It’s a simple fact of social psychology: People are less likely to hurt you once they’ve met you face to face.

4. Meet your new boss. Before you quit your old job, insist on a meeting with your new boss to discuss your job responsibilities, on-boarding process, what tools you’ll be using, and so on. This forces the manager to put some skin in the game and makes it emotionally harder for them to back out — but even this is no guarantee.

5. Here’s my secret weapon. This is something I want an employer to do after it has given my candidate a job offer, but before the candidate accepts the job (or quits the old job, of course). Ask to meet some of the team members you’ll be working with. The sooner the better. This will reveal how serious they are about really filling this job and having you there. If the company balks at this, I’d never quit my old job until I’ve got some other hard evidence that the new job is for real. (For more about this, see How can I find the truth about a company?)

Limiting your risk when quitting one job and accepting another is more about personal politics than anything else. An employer (or staffing firm) can rescind an offer any time. You’d need a lawyer to fight back. I think the better strategy is to get close to the new boss and team — and to take measures to force the staffing firm to show you that the offer and the job are real. Then there’s less chance that this will go south.

Be tough

Many employers — especially staffing firms — will balk at what I’m suggesting. They want to hire as effortlessly as possible. Their attitude is, “We’ve got other applicants like you waiting — we’re not going to waste our time making you feel all warm and fuzzy about taking this job.”

Well, that’s tough. Would you accept an offer of marriage from someone who won’t spend enough time with you to really make you feel loved? Don’t be in such a hurry to tie the knot before you can judge whether your suitor is for real. If an employer isn’t willing to invest time to assure you that a job offer is real, then it’s probably not worth risking your old job.

In the end, you must use your best judgment and decide whether to make the leap. If your gut tells you something is wrong, listen to your gut.

While my objective here is to help you land a great new job, my first concern is that you should not get hurt in the process. You must learn how to recognize a risky job offer before it blows up in your face.

Lately I’m getting a surprising number of questions from readers about job offers that explode — after the candidate relies on them to make career and financial decisions. I think employers, HR departments, and staffing firms have crossed a critical line that’s telling us they’re either stupid and inept, or that they’re callous and lack integrity. When the employer “takes back” a job offer for any reason, the applicant usually cannot “take back” a resignation. In one case, a reader cancelled her lease, moved her family, and wound up homeless because a personnel jockey instructed her husband to quit his job and move to a new city — then the jockey reneged on the promise of the new job.

I’m collecting stories about exploding job offers because I’m worried this is a dangerous new trend. I think we should chronicle and discuss it, to help you avoid having job offers blow up in your face.

Got a story about exploding job offers — or do you know someone who does? Please post it. Has an employer ever instructed you to quit your old job before giving you a written offer, or has an offer ever been rescinded? What did you do? How would you advise the reader in this week’s Q&A?

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Bait & Switch: Games staffing firms play

On October 22, 2012

In the October 23, 2012 Ask The Headhunter Newsletter, a job hunter asks about bait-and-switch contracts used by “staffing” firms.

A recruiter at an IT staffing firm did something that I think is very unethical. I signed a contract with the firm to perform IT duties at a company where I successfully interviewed just days before. It specified the hourly pay and overtime.

I verbally negotiated the rate prior to signing the contract. Unfortunately, I did not ask for a copy of the contract. Yesterday, the recruiter asked me to sign more forms. There was a new contract, and a significant reduction in pay! The overtime was deleted and the pay was stated weekly instead of hourly.

When I pointed this out, the recruiter e-mailed that, “We lost the original contract.” I called the next morning, and the recruiter insisted I sign the new forms and said she would take care of my concerns. When I balked and declined to sign, she said they would redo the forms but it might be a day or two. Meanwhile, I’m supposed to start work tomorrow!

I find this utterly distasteful and unethical. I’m going to wait and see if the recruiter comes up with the correct terms before I contact the staffing account manager or the company I’m supposed to work for.

My question is, why are they stalling with the new contract? Why couldn’t it be immediately corrected? Maybe they are waiting to find something in my background check so they can report to the company that I am “unsuitable” for hire. Then, they can go out and find someone cheaper. What do you suggest?

Nick’s Reply

What you’re describing is, unfortunately, not uncommon in the IT “staffing” or “consulting” biz. (It’s not just the IT field that uses staffing firms.) These companies recruit and hire people, then “rent” them to their client companies at a profit. Things like this happen because overly-eager recruiters get excited when they find a candidate like you. They want to sign you up and assign you to a client, so they promise you a contract that’s to your liking. Later, the sales rep handling the account you’d be assigned to can’t get the rate the recruiter promised you — so the deal changes. It’s a classic bait-and-switch game.

It is crucial that you read everything before you sign, and make sure everything you negotiated is in the written contract.

No matter what you negotiated and they agreed to orally, what matters is what’s in the written contract. Make sure you get the counterpart of the contract — the copy they signed — and tell them you will not report to work until you receive it. Often, a firm will demand that you sign the contract, then they will “forget” to give you the copy they signed.

The games some of these companies play are unethical — but they do it anyway. Your protection is to insist it’s in writing, and to politely but firmly decline to show up for work until the written contract is to your satisfaction.

But be careful. If you sign something without reading it carefully, and then you decide you want different terms, too late — you’re already committed. Be very, very careful. Good contracts make good working relationships.

One tactic they may use is to ignore your requests right up until the last minute, maybe the day you’re supposed to show up for work. This puts you on edge and makes you very nervous. You want the job, but you don’t want the terms. They figure you will cave to get the work, so they will push the envelope hard and far. Unless you have a history of good experiences with them, don’t believe anything until it’s in writing in your hands.

You may really need the job, but you must decide in advance whether you will accept lesser terms or such behavior. Then stay calm, don’t complain, don’t get angry. Just state your terms. Your overriding strategy must be to make yourself highly desirable or indispensable to the consulting firm. Make them need you. Then make your reasonable demands calmly and firmly. Then let them decide, and let them reveal whether they are honest and have integrity.

You’re doing the right thing. This can be risky, but you must decide your tolerance for such risk: If they want to play the last-minute game, you can play, too. Just know what you’re doing in advance, and let this play itself out. If they don’t give you the contract you agreed to, then stop working with them. They’re not honest.

Be careful if you go to the actual employer to discuss this. Do not say nasty things about the firm. Be businesslike. It can be as simple as this:

How to Say It

“I enjoyed meeting with you, and I’d like to work on your team. However, I’m not happy with the way the consulting firm has handled the facts of the project. Is there another consulting firm you use that you respect? Can you recommend someone there that I can talk to?”

Not all companies will answer you — they get nervous. They may even have a contract with the staffing firm that prohibits them from discussing this with you. But you must decide whether integrity is important enough to kill a deal. In the end, you may need to meet a new staffing firm, and a good way to do that is to talk with a company where you’d like to work, and inquire which staffing firm they use. There are some very good staffing firms out there: Get a personal introduction to them, and learn to igore the rest. Get a personal introduction.

As more companies try to avoid the fixed overhead of staff, they’re going to look to hire “on contract.” Do you see this trend in your own business? Have your experiences with staffing firms been good or bad? What would you do in a situation like this? What methods do you use to avoid problems and to get a good deal from staffing firms?

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