How Well Do You Know the Basics? Take Jeff’s Quiz and See

Do you know the laws relating to placement?  Take this quiz and find out!  The correct answers are at the end.

Need help? Check out Jeff’s previous columns here.  You can also consult his extensive collection of tips and information on his website www.placementlaw.com.

A. The offer in the contract between the recruiter and client is:

  1. Simultaneous with the job offer to the candidate.
  2. Implied when the client gives the job order.
  3. Expressed when the client consents to pay the fee if the candidate is hired.
  4. None of the above.

B. The acceptance in the contract is:

  1. Simultaneous with acceptance of the job by the candidate.
  2. Implied when the client doesn’t object to the fee, either during the presentation  or upon receipt of the fee schedule.
  3. Implied when the client agrees to interview the candidate.
  4. All of the above.

C.  The consideration in the contract is:

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  1. Payment of the fee.
  2. Hiring the candidate.
  3. Usually not there, because clients can really be inconsiderate sometimes.
  4. Both 1 and 2.

D. Placement fees are more difficult to recover than most service charges because:

  1. They often involve complex facts.
  2. Signed fee agreements are often not used.
  3. The fee is based on the result rather than the effort.
  4. All of the above.

E.  The placement fee agreement is a unilateral contract because:

  1. Any acceptance by an employed candidate is subject to a counteroffer.
  2. The client may be accepting referrals from many recruiters.
  3. A fee schedule is generally printed only on one side.
  4. No contract arises until the recruiter fully performs and the candidate actually  starts.

ANSWERS:  A. 3, B. 2, C. 1, D. 4, E. 4

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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