Netflix: Another stupid employer

Netflix bungled its business last year and ticked off lots of its customers, who quickly cancelled the service. It was a case study of a business and public relations disaster.

Now Netflix is at it again — this time by advertising for “recent college graduates” to fill jobs anyone could do. Age discrimination anyone? The ad on craigslist is titled, “Netflix – Recruiting Researcher  (los gatos)” and it says:

“We treat you like an adult and expect you to act like one.”

(For a PDF of the full ad on craigslist, click here. For the “live” ad on craigslist — which will not be there forever — click here. For the ad on Netflix.com, click here.)


***UPDATE 5/18/12: Netflix has removed the job posting from its own website. For a PDF of the original, click here.

Netflix has not responded to a request for comment.


Netflix would do well to act like an adult and recruit people who can do the job — and that includes college grads from quite a while ago. Consider the Netflix job ad below. What’s in this job description that an older worker couldn’t deliver?

We’ve found that recent college grads have been most successful in this position because we need some who is:
– Self-motivated and directed; hungry to get started with a great, well-known company.
– Proactive; taking initiative and follow-through is a must
– Accustomed to multi-tasking and meeting multiple, tight deadlines
– A leader and will offer innovative and constructive ideas to continue our team’s success

I know a lot of hungry 40+ year olds who are out of work — they’re self-motivated, proactive, can multitask, and lead others.

Netflix goes on to say that:

“We don’t have rules.”

That’s clear. They could add, “We don’t have any common sense.”

I’m a big fan of hiring kids out of college — as a cohort, they’re suffering mightily in the job market. They need help. Perhaps Netflix can hire a new grad who can show the company how to recruit properly. Or maybe it needs someone a lot more experienced than the clown in HR who’s producing these job descriptions and ads.

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How to Boost Your Salary Quickly and Often

In the May 8, 2012 Ask The Headhunter Newsletter, we’re covering something different: A wild story…

From The Headhunter Files

People seem to enjoy hearing some of the stranger stories from The Headhunter Files. I usually share these only in my live presentations and workshops, but I think it’s time to go public. Rather than Q&A this week, we’ll do a “Headhunter File,” and if subscribers enjoy it, we’ll do this as a regular feature in upcoming editions.

Fred was an engineer I spoke with while I was checking references on another engineer during a search I was conducting in Silicon Valley. No one had recommended Fred to me (you’ll see why this is pertinent later) — but after my reference call was done, he asked me if I could help him land a better job. I took his resume and filed it, but I wasn’t working on any assignments he’d be a fit for anyway.

But Fred was persistent. He called me again and asked why I wasn’t helping him out. I explained that I didn’t find jobs for engineers — I found engineers for my clients, based on specific requirements. Here’s roughly how the conversation went.

Let’s make money together

Fred: “But if you’ll help me, I’ll make you a lot of money.”
Me: “I’m sure I could earn a good fee placing you, if I had the right assignment.”

Fred: “Just send me to interview with any of your current clients. I’m very good at getting job offers. You’ll earn a fee quickly and it will be good for both of us.”
Me: “Sorry, I don’t work that way. But since you brought it up, what’s your specialization? What do you do, exactly?”

Fred: “I’m an engineer, and I can do almost anything. I got a 15% raise to take this job. If you can get me 10% more, I’ll take it.”
Me: “How long have you been at your current job?”

Fred: “About two months. Before this job, I got almost a 20% raise on the last job.”
Me: “Really? How long were you at that job?”

Fred: “No more than six months. My goal is to get my salary up as high as possible.”
Me: “Don’t you think you’re building a reputation for jumping around?”

Fred: “Employers want the best people they can get, and as long as they pay me and my salary keeps going up, I’ll go wherever I have to.”
Me: “Sorry, but my clients don’t pay me fees for engineers who will pack up and leave every few months. You should be careful.”

Fred: “There’s no need to tell them I changed jobs recently. I’ve only been here two months. Just tell them I’m still at the last company. And that would be true. I’m doing both jobs.”
Me: “You’re working at two companies at once?”

Fred: “Yes. It’s a lot of work, but I don’t mind. I’ll do it as long as I can and make all the money I can.”
Me: “Do both companies know you’re doing this?”

Fred: “Of course not. Look, I could earn you several fees in just one year! We’d be a good team.”
Me: “No, you look — don’t call me again.”

Fred: “If you’re going to tell anyone, let’s just forget it.”
Me: Click.

I could have said something more clever, but I just told Fred to bug off. He never told me where he worked, and I didn’t want to know. Since no one had recommended Fred to me — another engineer used him as a reference — I had no context for a relationship with him, and no one to blame!

Making jobs pay

How was it possible for Fred to keep jumping jobs, getting 10%-20% higher salaries, and not get caught? He told me he worked odd hours, but that’s common for engineers. He’d put in just enough time at each job to keep his head above water, then leave when things got hot. After around three years, he’d boosted his salary by over 50%, and made much more than that by holding two jobs at a time. He made sure to stay employed, so headhunters would call him with interviews — he’d figured that much out. He was “working” headhunters who filled jobs without asking too many questions.

Fred said he was “making jobs pay.” You could say Fred was just playing the market, and beating employers at the salary game. He’d lucked into some employers that didn’t do much background checking — or that trusted “headhunters” to do it for them.

I write a lot in this newsletter about employers that go too far with background checks, and about job hunters who get abused in the recruiting process. But employers sometimes take it between the eyes, too, from unscrupulous “salary hunters.”

What Fred was doing can be done — but not for long. The issue wasn’t the salary boosts he was getting — that’s a matter of negotiating. The problem was that he wasn’t comitting to a job, and that was his routine.

Do you think people can hold down multiple jobs of the same kind, and do it successfully and legitimately?

I didn’t keep up with him, but my guess is Fred didn’t spend many years in the engineering profession. I’m sure he got busted. There are many lessons in stories like this. What do you get from this one?

Got a good, weird tale of job hunting or hiring? Let’s hear it! (Want to hear more true stories from The Headhunter Files? Let me know!)

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Can an employer charge you for quitting?

In the May 1, 2012 Ask The Headhunter Newsletter, an employer is out $6,000 when a new hire found through an agency jumps ship after 15 days. Can the employer charge the next employee for quitting?

We recently hired an employee using an agency through which he was temping for us. We paid the temp agency a fee of $6,000 (20%) of the person’s salary. After 45 days, the new employee resigned to move out of state. The temp agency says that he was here for more than 15 days, so they are not going to do anything about their fee.

We have a policy for encouraging continuing education. If an employee in good standing wants to take a course or go back to school at night or weekends, we will pay 70% of the costs, providing successful completion of the courses. If the employee leaves before two years, the employee must reimburse our company for the education expenses.

Because of this disagreeable experience with the agency, we are contemplating a similar policy: “If you leave before your second anniversary, you will need to reimburse some portion of the headhunter fee.”

What are your thoughts on this approach? It would make us feel more confident about using a placement service. Thank you in advance for your thoughts.

My Advice

Suppose you hired that employee without an agency’s involvement, and he quit after 45 days. Would you require him to refund part of the salary you paid him?

Of course not. Yet that’s what you’d be asking someone to do if you hired him through an agency: To pay you back out of their salary. Did you pay a fee to the employee so he’d come work for you? Of course not. So there’s nothing for the employee to refund.

(I’m not a lawyer, but my guess is it would be illegal for you to take back salary because someone quit a job.)

The agency, on the other hand, earned a fee for finding an employee for you. It’s up to you to work out a reasonable contract and financial arrangement with the agency, for the work it does for you (recruiting). The underlying problem is that you as the employer make the hiring decision — not the agency. The agency’s job is to deliver viable candidates. It’s duty ends there, or after some agreed-upon guarantee period. I don’t think any agency would guarantee a placement for two years, one year, or even six months.

I don’t like your idea at all because you’re making the employee responsible for your contract with the agency.

So what are your options as an employer? Let’s start with typical placement agreements, though of course they vary greatly. Commonly, a headhunter’s (or recruiter’s, or agency’s) fee is about 20% of the employee’s starting salary. Please note: The fee is not deducted from the employee’s pay. It’s merely calculated based on that salary. So it’s an additional cost to the employer. Employers that routinely use external recruiters usually budget for such fees. Negotiate the best fee you can.

It’s common for temporary placement agency agreements to permit you to change from “temp to hire” — that is, to hire the temp permanently. The fees and any guarantee period should be spelled out in the contract. To control your costs, you might negotiate a permanent placement fee that is progressively lower based on how long you’ve already been paying temp fees to the agency for that particular employee.

Whether it’s a temp agency or a headhunter you’re working with, the contract usually includes a guarantee period. Many recruiting firms offer guarantees for between 30-90 days. (Some offer no guarantee at all.) If the new hire “falls off” in that time, the agency will either replace the hire, or refund a prorated portion of the fee, or the fee is refunded completely. I’ve never heard of a 15-day guarantee period. It seems too short to be meaningful. But if that’s what you agreed to, it was your choice.

You might be able to negotiate a more aggressive refund guarantee with recruiters. Please keep in mind that it’s pretty unusual for a new hire to leave so quickly. (If it happens to you often, then you’ve got another problem!) Check a recruiter’s (or agency’s) references: Do they have a reputation for placements quitting early?

I want to caution you about charging placement fees back to your employees. If it’s not illegal, I think it’s unethical. It comes out of the employee’s salary, but (unlike education) the employee gets nothing in the bargain. I suggest you work this out with your agency or headhunter instead.

Has an employer ever charged you to quit your job? If you’re an employer, have you ever recovered a placement fee from a departing employee? Headhunters: How do you handle “fall offs?” How long is the typical “guarantee” on a placement?

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Open Mic: What’s your problem?

Every week in the Ask The Headhunter Newsletter I answer one question from a reader in the traditional Q&A format. From time to time, we have an “open mic,” where you pose the questions on the fly here on the blog.

This week, I will do my best to answer any and all questions you post. As always, I welcome everyone to contribute their best advice to the questions, and to add their comments to the discussion. The more input, the better!

  • Lost your job and don’t know how to start hunting for a new one?
  • The employer wants you to do a stress interview?
  • Wondering how to deal with a headhunter who just called you?
  • They want your salary history, but you don’t want to share it?
  • Your company posted a job and you got 5,000 applicants. What now?
  • The manager made you a good offer, but HR just called to rescind it?
  • What’s your problem? Please post it and we’ll tackle it.

(You don’t have to include any identifying information.)

I’ve answered over 30,000 questions from Ask The Headhunter readers since 1995. This week I’ll answer as many as you post — and I’m sure you’ll get lots more great advice and commentary from the rest of our community. So… please ask away!

(This column was published before the comment threading feature was added to Ask The Headhunter, so my replies to questions do not appear immediately below each comment. Please scroll down in the comments and look for my reply “@commenter-name” to each question. Sorry for the inconvenience!)

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My boss is a liar

In the April 17, 2012 Ask The Headhunter Newsletter, a reader laments that the boss — uh — doesn’t tell the truth:

My boss lies about the availability of projects, about giving bonuses, and about promised help. I suppose the high road is the best and I should keep quiet, but I hate giving into this behavior. What can I do?

My Advice

Bosses sometimes make commitments, then conveniently forget about them. What matters is the frequency and the intent of their forgetfulness. It seems your boss forgets a lot, and it’s clear you don’t like the intent.

A long time ago, I learned the value of the internal memo. When your boss commits to something, go back to your desk, write a thank-you e-mail, and send it to the boss along with a clear “cc” to yourself. (I would not copy the note to anyone else. That would be a clear threat, and I don’t think you want to do that as a first step.) It’s like money in the bank. You don’t just make a deposit; you keep a copy of the deposit slip. That cc is evidence of how much money you have in the bank. Meanwhile, your boss should get the message.

This approach to making people pay off on promises works pretty well. When you’re ready to make a withdrawal, present that “deposit slip” you kept in your file. Be very polite and matter-of-fact.

How to Say It

“Hey, Boss: I’m ready for that bonus (or promotion) you promised six months ago. Here’s the memo I sent you re-capping our discussion. Thanks very much for making that very valuable commitment to me way back then. You’re quite a boss, and that’s why I like working for you. I’ll take that bonus in tens and twenties, please.”

(No, don’t use those exact words. I sprinkled some sarcasm to amuse you, not to get you into trouble. Pick your own words carefully!)

One of three things is likely to happen.

  • Your boss may never forget again (success!).
  • Your boss may never make another promise (another problem altogether).
  • Or, your boss might just ignore you. Then it’s time to take your deposit slip to the “bank president” (your boss’s boss or the personnel manager) and explain that you want to close your account — unless the “bank” settles up with you.

While one person’s lying is another person’s forgetfulness, I don’t cut any slack to liars, and I accept “I forgot” as an explanation only once or twice. If people don’t do what they say they’re going to do — again and again — then they’re jerks and not worth working with.

How do you deal with this kind of problem? Do we need to hang the culprits out to dry? Or can we discuss good ways to make people more accountable without having to hang them at all?

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How long does the headhunter control me?

In the April 10, 2012 Ask The Headhunter Newsletter, a job hunter asks how to cut the cord to a headhunter:

If a recruiter gives a company your resume, how long are you tied to that recruiter concerning that company?

For several reasons, I recently lost what I consider to be a great opportunity with a small company, A. I am now accepting another good position at another company, B, but not the one I really wanted. In the situation with company A the recruiter was not very helpful and virtually non-responsive when I had questions, which I am learning is not unusual. I would like to approach company A again at a later date under my own representation. (Perhaps that is not the best attitude to have going into a new position, but my long-term career goal would be better served at company A.)

Can you please tell me how long this recruiter controls my resume at company A, and at what point the company may consider me without the original recruiter’s involvement?

My Advice

People get it into their heads that headhunters have some sort of magical powers, or that they control companies and jobs. It’s not true. The headhunter may have no rights at all if you contact company A on your own. A lot depends on what kind of headhunter or recruiter you’re dealing with.

To understand how to work effectively with headhunters, it’s important to know the differences between retained and contingency headhunters, employment agencies, job shops and career management firms. Also relevant are the kinds of contracts employers and headhunters use. Perhaps most important in this case is knowing how employers routinely deal with headhunters. It’s not complicated, but if you don’t know how employers manage headhunters you’ll never be able to manage them yourself. I cover all these issues and more (including how to find headhunters and how to leverage them to negotiate the best salary offers) in How to Work with Headhunters… and how to make headhunters work for you.)

How long company A would respect the recruiter’s involvement depends on a few things.

Did the recruiter send you to an interview with the company?
If no interview took place, I think you could reapply at any time without a conflict, though I’d probably wait a few months to avoid irritating the headhunter. If you had an interview, it depends on the company’s policy and on the contract it has with the recruiter–if there is one at all.

Did the headhunter give the company your resume?
Companies usually rely on an actual interview as proof of the recruiter’s referral. If the headhunter submitted your resume but there’s no interview, the headhunter probably has no claim to you. However, if the personnel office read and tagged your resume REJECT, and you then reapply on your own, the initial rejection may be invoked and you’re toast.

I don’t think it’s ethical to go around a headhunter who introduced you to a job and a company. But if that headhunter was not able to get you in the door for an interview, then he probably has no claim on you. You could approach the company anew on your own.

How about if the headhunter got you an interview, but you were not hired? The headhunter’s contract with the employer might earn him a fee if you are hired within a certain period of time. Here’s what I’d do to test the waters. Have a friend call the company’s personnel manager to find out what the policy about headhunters is.

How to Say It:

“I’d like to ask about your headhunter policy, but I’d rather not disclose my name. If I interviewed with you through a recruiter at one time [don’t say when–the less info the better], and then I came back to apply for a job myself, would you consider me without the recruiter’s involvement? What are your rules about that?”

Don’t make this call yourself. There is no telling how the personnel manager might react, and you don’t want this to backfire. (I see nothing inappropriate or unethical about someone calling a company to ask about its policy.)

Where confusion might arise is if the headhunter (or recruiter) works for a “job shop” or “consulting firm.” These businesses will recruit and hire you, put you on their own payroll, and assign you to do work at their clients’ offices. A contract protects the recruiter from company A “poaching” you without a fee, after the recruiter made the initial introduction. And that’s as it should be. The contract probably locks you out of company A for one or more years, unless the recruiter is involved. (There’s an entire section in the aforementioned book about job shops and how to protect your options when working with them. There’s also a section that answers the question, Can I fire the headhunter?)

The best way to settle this might be to notify the headhunter that you consider his involvement with you terminated. (While this is a powerful move, it might end your relationship completely.) There’s a special How to Say It section in How to Work with Headhunters about how to handle this effectively.

Know what you’re doing when you work with headhunters. A good headhunter can boost you into the next phase of your career. An inexperienced headhunter might frustrate you by being unresponsive, and your misunderstanding of his role could cost you a great job.

Have you ever had to cut the cord to a headhunter? What happened? Were you able to “get back in the door” at a company where a headhunter failed to get you an interview (or to get you hired)?

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Don’t Get Hired, Get Acquired: Audio from Cornell workshop

The April 3, 2012 Ask The Headhunter Newsletter is a SPECIAL AUDIO EDITION.

(This is no April Fool!)

On Sunday, April 1, I conducted a workshop for a group of Executive MBAs at Cornell’s Johnson School of Management. (These guys attend the EMBA program on weekends!) The topic was the differences between applying for a job and delivering profit to a company.

The presentation ran almost two hours, and the discussion and debate were lively. One of the key points we explored was about how we view employers and jobs when we go job hunting, and how employers view us.

  • Are you being interviewed to help a company fill out its open headcount?
  • Or are you more like a business the company is considering acquiring or merging with?

The difference in these two approaches is profound.

I don’t think anyone should behave like “the next hire.” I think every time you approach a company about working together, you should be prepared to show that you are a profit-making operation unto yourself.

Are you ready to get acquired? Please listen to this brief section of the Cornell presentation:

 

 

Now here’s an excerpt from the Answer Kit: How Can I Change Careers? (p. 9) that explains how to Create your next job, rather than just get a pre-made job:

How do you inspire a company to create a new job for you? Forget about your credentials, your history and your past jobs. They are irrelevant. If that’s what you focus on when searching for a new job, you’ll shoehorn yourself into the same kind of job you just left.

Decide where you want to work. Study your target company. Explore the problems and challenges it is facing and figure out how you can help the company tackle them profitably. Apply your skills and abilities in new ways to re-define your qualifications. Think in terms of what the company needs but doesn’t have: That’s your new job. That’s the business plan you need to present.

The job you want to create is essentially a new business. But don’t expect your target company to figure out whether this “new business” is justified. You must be ready to explain it to them. Show how you’ll deliver profit in new ways. That’s what may prompt the company create a new job just for you.

(How Can I Change Careers? isn’t just for career changers — it’s for anyone who wants to stand out from their competition.)

I think we’ll find the value in this topic in the discussion more than in what I have to say.

What does it mean to get acquired or to merge with a company?

  • How does this change the way you’d approach a new gig?
  • Does it change salary negotiations?
  • Do you even need to apply for a job — or what’s the new alternative this approach suggests?
  • Have you ever felt like you were acquired — or merged — rather than just hired?

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The First Job Interview

In a hidden valley many thousands of years ago… “So, where do you see yourself in 50 moons’ time?”

 


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Move Over H-1B: Make way for L-1 visas

The H-1B visa is well-known in technology circles: U.S. employers use it to hire temporary foreign workers in “specialty occupations.”

Engineers and Information Technology (IT) workers have long complained that the H-1B program takes jobs away from Americans. While H-1B requires employees to be paid the prevailing wage, some argue that employers actually pay lower salaries to H-1B workers — and that this depresses salaries across the board.

Enter L-1: A dog of a visa?

While there is a cap on the number of H-1B visas issued in the U.S., there is no cap on the L-1 visa, which has no prevailing wage requirement.

The L-1 visa is used by foreign companies for intra-company transfers of foreign employees into the U.S. L-1 workers are supposed to have “specialized knowledge” — but my dog could claim that his nose enables him to fulfill that requirement.

Use of the L-1 visa is growing, in part because the definition of “specialized knowledge” makes it easier to abuse.

Leading work to other countries?

Computerworld reports in an article, Charting H-1B users, as attention shifts to L-1, that, according to the Economic Policy Institute (EPI), L-1 could start resulting in significant job losses for Americans. EPI warns of “offshore outsourcing firms whose business model is to first hire L-1 workers to learn the work done by Americans, then to transfer that work overseas.”

Says an EPI analyst: “The L-1 program was not intended to function in this way. Nevertheless, this blatant misuse of the program is legally permissible. As a result, the program is operating at the expense of American workers.”

The issue: The U.S. government is considering changing the definition of “specialized knowledge,” and EPI is warning that the new definition could cause new, more extensive job losses. Are American jobs being led out of the country on L-1 leashes? I mean, L-1 visas?

Meanwhile, foreign companies that want to transfer more of their employees to work in their U.S. facilities complain about the restrictions.

Have you encountered L-1? Is it the new H-1B?

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Business Cards: What do Asians know?

In the March 27, 2012 Ask The Headhunter Newsletter, a business owner defends business cards:

I just read an article in the L.A. Times that says Passing out business cards is quickly becoming passe. Instead, I’m supposed to “bump” my phone with someone else’s to trade contact information. If cards are optional, then so are new clients and referrals. The end of that article points out that in the world’s fastest growing market, Asia, you’d better have a card because it’s crucial. I run a successful small business and I think anyone who doesn’t carry business cards is naive. Do you use business cards?

My Advice

Hmmm… what do Asians know that the rest of us don’t?

I run an online publishing business, and “digital” is an enormous part of my work and life. If there’s a way to do something more effectively or efficiently, I take advantage of it. Sometimes, digital technology enables us to do things we could never do without it — like publishing this newsletter and my books.

But I do carry business cards, and I don’t intend to give them up. Guess I’m good to go to Asia.

Last week I gave a presentation, and afterwards I had a cup of coffee with one of the attendees — who is a potential client. She asked me for a business card. Suppose I’d told her, “I don’t use business cards. Find my e-mail address on my website.” I’d have broken the pace of our discussion. It would not have helped.

I do a lot of business online and I don’t always meet my clients, so there’s not always a chance to use a business card. But for those in-person meetings and work sessions, cards are a necessity. I’ve encountered some people who don’t have a card to share, and sometimes — not always — this sends a bad signal. I quickly assess whether the person has a viable business, or is just knocking around, trying to get lucky. It affects how I judge them. Is that fair? I don’t think that matters. I know other business people who react the same way. Cards are cheap; so’s a simple website. If you’re too cheap to have both, you may not be worth talking to.

But there are lots of subtle benefits to cards. Some people are in too much of a hurry to recognize them.

If you want to encourage someone to talk to you again, it’s easy to offer your card. Asking for their e-mail address or getting them to jot down yours is a bit more awkward. (Not all phones “bump.”) Contrary to what that article suggests, cards are not all tossed in the trash. I have a large digital contact list, but I also have a well-organized box of cards that I refer to often.

I can write a note on the back of a card, to personalize the memory someone has of me. And when they give me their card, I can jot a note on theirs, too. I could do it on my Droid, but so what? That card stays on my desk for a while and reminds me of the person. If the information is only in my phone, I won’t see it until I have reason to search for it.

A university professor is quoted in that article: “It’s time-consuming to organize business cards — and not portable.” That’s pretty naive. New contacts earn their way into my phone. Many start out as cards. If I need them more than once or twice, I add them to my digital list.

One last reason cards are good: Design. A person’s card tells me as much about their brand as their website does. Do they care how they come off?

What’s most unfortunate about the article is its self-righteous tone. It pits “under-30” and “young and Web-savvy people” against… who? Over-thirty and Web-ignorant people? Gimme a break.

The real punch line in the article reveals how gratuitous it is. “Firms that do business abroad, particularly in Asia, have found printed business cards to be crucial to corporate culture and ritual there.” In one of the fastest-growing markets, cards are crucial. Did someone miss a bigger point when writing this article?

Why come off like a clueless dork? Carry cards as well as one of those digital communication thingies, what do you call it? A smartpod? A pad thingy. You know what I mean — here, I’ll write it down on my card for you… Call me. We’ll do lunch.

Do you use business cards? Are they on the way out? What do Asians know that the rest of us don’t? Do biz cards offer anything that digital doesn’t? Post a comment… or write me a letter…

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