Be Suspicious of Too Many ‘Almost Hireds’

Editor’s Note: Every Monday, Jeff Allen offers you a tip about what you should do to ensure you never miss out — or get beat out — of your well-earned fee.

What Client Says:

Another recruiter was responsible for the placement.

How Client Pays:

Executive search is a game anyone can play, and there are no rules.  So there’s always some unprofessional, unethical recruiter out there who’ll assist with the “undocumented candidate.”  A five-figure fee is motivation enough.

What does the hiring authority get in return?  Let’s look at a few of the most popular goodies:

  1. A kickback.
  2. A motivated agent to find him or her a better job.
  3. A lower fee.
  4. A promise to stop raiding the employer.
  5. A promise to legally defend the employer and indemnify it (pay any judgment).

The best way to get paid is to track the candidate closely.  It is a constant source of amazement to recruiters when they stumble on “undocumented” candidates working at clients.

Show me one, and I’ll show you a recruiter who:

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  • Was probably told the sendout was a turndown.
  • Had no other opportunity for the candidate.
  • Went on to other searches.

Do clients pay two fees?  Absolutely!  You just have to show that they paid the wrong source.

There are probably many placements made that you don’t know about.  It’s like panning for gold to go back through your sendouts, focusing on suspicious clients and candidates.

Too many “almost hires”?  They’re “probably placed”!

More than thirty-five years ago, Jeffrey G. Allen, J.D., C.P.C. turned a decade of recruiting and human resources management into the legal specialty of placement law. Since 1975, Jeff has collected more placement fees, litigated more trade secrets cases, and assisted more placement practitioners than anyone else. From individuals to multinational corporations in every phase of staffing, his name is synonymous with competent legal representation. Jeff holds four certifications in placement and is the author of 24 popular books in the career field, including bestsellers How to Turn an Interview into a Job, The Complete Q&A Job Interview Book and the revolutionary Instant Interviews. As the world?s leading placement lawyer, Jeff?s experience includes: Thirty-five years of law practice specializing in representation of staffing businesses and practitioners; Author of ?The Allen Law?--the only placement information trade secrets law in the United States; Expert witness on employment and placement matters; Recruiter and staffing service office manager; Human resources manager for major employers; Certified Personnel Consultant, Certified Placement Counselor, Certified Employment Specialist and Certified Search Specialist designations; Cofounder of the national Certified Search Specialist program; Special Advisor to the American Employment Association; General Counsel to the California Association of Personnel Consultants (honorary lifetime membership conferred); Founder and Director of the National Placement Law Center; Recipient of the Staffing Industry Lifetime Achievement Award; Advisor to national, regional and state trade associations on legal, ethics and legislative matters; Author of The Placement Strategy Handbook, Placement Management, The National Placement Law Center Fee Collection Guide and The Best of Jeff Allen, published by Search Research Institute exclusively for the staffing industry; and Producer of the EMPLAW Audio Series on employment law matters. Email him at jeff@placementlaw.com.

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