Recruiters Network

March 10, 2004  

VOLUME 6 ISSUE 7

   
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RECRUITING NEWS

To read the newsletter online - visit www.recruitingnews.com.

Recruiting News is a free electronic newsletter published by Recruiters Network. Recruiters Network is the Association for Internet Recruiting. It is a free organization for HR Professionals and Recruiters.

In addition to our newsletter, we offer a free resource center to enhance recruiting success. Visit us at www.recruitersnetwork.com. 

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IN THIS ISSUE
Newsletter Sponsors
A Note from the Editor
Breaking News
Today's Recruiting News Headlines
Featured Recruiting Jobs
Weekly Article: Overcoming Objections
 Special Trials and Discounts
Recruiting Polls and Trends
 Layoffs and Downsizing Report
Recruiting Essential Bookmarks
Upcoming Conferences
Site Of The Week: Eliyon - Free Trial
Final Note - On The Lighter Side

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Newsletter Sponsors

1. RecruitingJobs.com - Save 25% on first posting.

Looking to hire recruiting professionals?  Post a 60 day job posting ad on RecruitingJobs.com for $225. (Save $25% off first posting...mention discount when registering) Register to post >>

2. Eliyon - Free Trial
Leading recruiters at both large and small companies are using Eliyon to:

  • Find qualified candidates more quickly
  • Significantly lower their candidate research costs, and
  • Access a much larger universe of candidates
  • Click here for free trial >>

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A Note From The Editor

CareerBuilder.com Survey Reveals the Most Unusual Jobs From A to Z

What is the most unusual job you ever held? Circus Performer? Bowling Alley Mechanic? Military Missile Tester? CareerBuilder.com asked more than 1,900 employed, full-time workers to share the most interesting or unconventional jobs they took on during their careers. The results included everything from the dangerous to the delicate to the down right funny. Complete Story >>

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Breaking News

AIRS Names New Chief Executive Officer
AIRS, a global leader in recruitment training, tools and information, today announced that Chief Operating Officer Christian Forman has been named CEO, effective March 1, 2004. Forman has been tapped to lead the company's worldwide expansion of its new human capital solutions, which include training and technologies for talent acquisition, hiring, mentorship and employee transition.

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Today's Recruiting News Headlines
View HR/employment news headlines or our Recruiting Newswire.

Please send us with your press releases, news items, personnel changes, etc. Click here for submission instructions.

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Featured Recruiting Jobs

This section highlights several recruiting related positions recently posted on Recruiting Jobs. To view all jobs or to register for a career agent click here.

Looking to hire recruiting professionals?  Post a 60 day job posting ad on RecruitingJobs.com for $225 and be featured in Recruiting News. Register to post >>

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Weekly Article
 Overcoming Objections
 By A. Bernard Frechtman, Esq.

Note: This is the introduction to a series of articles addressing the most commonly raised "legal" excuses for not paying a contingency recruiting fee. Each succeeding article will address a single legal issue and provide actual cases and quotations from court opinions that may be cited to refute specious objections to payment of a fee. These articles are not intended as legal advice. In all instances the reader is cautioned to consult with legal counsel when utilizing this information. A.B.F

In the ordinary course of every recruiter's life there comes a time when the recruiter is confronted by an employer that will raise a dissatisfaction with a candidate's past performance or the lack of certain qualifications of a candidate, as not meeting the precise requirements, as seen by that employer to be needed to do the particular job which the employer is trying to fill. It may be education, or experience, or another need as perceived by the employer as being necessary. At the same time a candidate may look at a potential employment opportunity and decide that there are some real or perceived characteristics of the job that are seen as being so negative as to make the job unattractive.

When either of these events occur, and the recruiter honestly feels that the perception is misconceived or unfounded, and that the fit really exists, the recruiter tries to "overcome the objections" of that employer or candidate and thereby make the placement.

How many times have you heard the leading trainers in the staffing industry speak eloquently on the subject of "overcoming objections?" How many times have you listened to the stories of a successful placement, after the recruiter has "overcome the objections" of an employer or a candidate? And how many times have you concluded that these "objections" were specious to begin with, and never should have been raised by either the employer or the candidate in the first place?

Then, after you have achieved a successful placement and sent the statement for your fee to the "satisfied client," how many times have you heard, for the first time, a reason, more likely an excuse, for not paying your bill based on a misconceived perception of some principal of law, misstated and inapplicable, serving as a lame basis for not paying your bill? How many times have you tried to convince that employer of the errors of that thinking without success, and then having to resort to suing for your fee? And then after expensive time consuming litigation you get a court to decide that the employer was wrong and is thereby compelled to pay the fee. And how often is the answer to that "question" of law obvious if only you could point to a court opinion to support your view?

What excuses have you heard offered by employers as legal impediments to your ability to successfully win a case at trial? This series of articles will explore the seven most commonly used "objections" for not paying a fee when properly due, and how to overcome them with proper case law support, that will hopefully persuade, if not convince, a reluctant non-paying client to send the check. What are they? And how many of them have you heard before directly from a client ?

Important Notice

We are a nation of fifty different state court jurisdictions, with differing state statutes. But we are all bound by the underlying thread of generally accepted "Common Law" principles, that are applied, with slight exception, uniformly throughout all of the states. While the opinion of a court in one state is not binding or controlling on the courts of other states, or even its own state, unless it is the opinion of the highest court of the state, it can still be persuasive to judges where the question has never come before a court in that state. Succeeding articles addressing individual legal questions will cite the legal opinions of courts in different states as example of the application of "Common Law" principles to show that they have been addressed by a court somewhere in the United States in order that they may be cited as support for a particular legal position.

1. No Written Contract. The client who says that he does not have to pay because "we do not have a written contract. We do not have a contract because we never entered into one in writing, and my lawyer says that this is a violation of the Statute of Frauds."

For your information the Statute of Frauds is a law, that says in effect, that certain contracts that cannot be completed within a year need to be in writing. But you may follow the practice of not entering into a written contract with a client in a contingency recruiting assignment. In fact that is quite usual in the staffing industry. Can that client be right that you need a written contract? The answer is: "No." The Statute of Frauds does not apply.

2. Unsatisfactory Performance. Then there is the client, who after having employed the candidate for a long period of time, and after the guaranty period has expired says that the employee did not perform "satisfactorily" and so he was fired or is about to be fired (sometimes, only after finding a replacement). This is the kind of client who may only have been interested in getting a temporary employee but did not want to pay the fee, or one who just turns over employees so that a fee is never paid, or just an employer who wants to get out of paying the fee. The excuse is always after the guaranty period has expired and the employer is faced with the dread of paying. Does this work? No. Dissatisfaction is not a legal excuse for non-payment of a legally binding commitment to pay a fee duly earned.

3. Unsigned Contract. Then there is the situation where you use a contract, send it to the client who fails to sign and send it back. But you don't realize that until after referring a candidate who is hired. Then the "client" says, no signed contract, no fee. Wrong.

You are still entitled to the fee. Technicalities aside, the law will not allow that omission to be used as a sword to perpetrate a fraud by not allowing you to collect the fee that in effect was agreed upon when you sent the contract; the client acknowledged receiving it; the client accepted the candidate referral; and then hired the candidate. You will get the fee. The case law supports your position.

4. Not Licensed. You get the job order from an out of state company; send a candidate; the candidate is hired; you send the bill; and then the company says: "We do not have to pay because you are not licensed in our state as an employment agency." That will not work.

In nearly all states a contingency recruiter ("employment agency" by legal definition) is not required to be licensed where the employer, and not the employee, is charged the fee. In those few states where "agencies" are still licensed it is generally not a barrier to collecting the fee where the recruiter did all of its work from out of state, never visited the company's state, except possibly on an interview or inspection visit, and conducted no other business in that state.

Complete Article >>

About the Author

A. Bernard Frechtman is recognized nationally as the leading authority on the laws affecting the staffing industry. He has drafted numerous state statutes and participated in the preparation of legislation in more than 20 states. He is responsible for a number of court decisions that have had a substantial impact on the industry. During his career of more than 40 years he participated in the original White House conference on equal employment opportunity and has served as general counsel to a number of developing staffing industry franchise systems, public companies and national and state trade associations.

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Special Trials And Discounts

Below is a partial list of trials and discounts that companies have extended to our readers. Click here for full list. If your company is interested in offering a promotion/discount, please contact us.

1. Lou Adler's Zero-Based Hiring Workshops

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If you use corporate phone directories to find suitable candidates, this unique service may be of interest. Corporate Contacts has directories of many companies which list name, direct phone number, title and often email addresses. They have directories for many industries, like pharmaceutical, Big 5 CPA/Consulting, etc. Mention Recruiters Network to receive a 10% discount. Contact Stan @ (301) 587-1819. These directories are a great way to recruit from companies in your industry.

4. RecruitingJobs.com - Save 25% on first posting.

Looking to hire recruiting professionals?  Post a 60 day job posting ad on RecruitingJobs.com for $225. (Save $25% off first posting...mention discount when registering) Register to post >>

5. Recommended Leading Niche Boards - Get Focused, Go Niche.

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IT Professionals : Computerwork.com
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Recruiting Polls and Trends

Trend Watch: There is near parity across global regions in corporate Careers website recruiting by the Global 500.

Trend Watch is sponsored and provided by iLogos, a division of Recruitsoft. Click here for a complete archive.

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Layoffs and Downsizing Report

Recruiters Network has added a layoff and downsizing report section to its newsletter. This section can be a great leads source for candidates. More information on how to use this section here.

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Recruiting Essential Bookmarks

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Upcoming Seminars & Conferences

Zero Based Hiring - Lou Adler
Performance-based, Interviewing, Assessment and Recruiting Techniques

Click here for schedules for upcoming conferences and seminars.

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Site Of The Week

Eliyon - Free Trial
Leading recruiters at both large and small companies are using Eliyon to:

  • Find qualified candidates more quickly
  • Significantly lower their candidate research costs, and
  • Access a much larger universe of candidates
  • Click here for free trial >>

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Final Note - On The Lighter Side

A Career In Law Enforcement

A salesman decided to become a policeman.  Several months later, a friend asked him how he liked his new job.

"Well,"  he replied,  "the pay isn't great and the hours are long, but one thing I really like, is that the customer is always wrong."

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