Hired In A Different Job? With These Words You Collect

Editor’s note: Jeff Allen has heard every employer excuse that you can imagine for not paying up — and dozens more that defy imagination. Over the last 18 months, he’s documented one a week. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. The complete collection is here.

What Client Says:

We hired the candidate in a different position.

How Client Pays:

Changing the position is totally within the power of the employer. If it’s with a loftier title, the candidate might even accept less compensation. So you’ll be somewhere between “low” and “no” unless you use fee-fighting words like:

 The fee shall be due if the candidate is engaged to perform services in any capacity as a result of the referral.

If your candidate is uncooperative, try a little industrial espionage. It’s perfectly legal to call the employer anonymously and ask about the ranking of titles such as “Director,” “Manager” and “Supervisor.” Are there later ones like “Specialist,” “Senior __________,” or “Staff __________”?

Article Continues Below

Can you get an organization chart? What was the title of the last person in the job? Can you talk to him? Is the candidate at the same phone extension? In the same office? Does he have the same clerical support? Do the same people report to him? Does he have the same reserved parking space?

“Different” can mean “difficult” if you’re not a defensive detective. But now you know what to do!

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.


Leave a Comment

Your email address will not be published. Required fields are marked *