Lateral Recruiting: Recruiter Threats - Are they right, and what are my options? Forum

[Redfactor]

I still don't think we have the entire story because I can't see a recruiting company just sending out resumes with no permission.

I think you are chasing your tail trying to figure out your legal recourse when it seems like you screwed up by hiring two recruiters without limiting what they were supposed to do. It's going to hurt you everywhere that both firms sent in resumes.

I could be wrong but that's the best sense I can make of this. You haven't even set out the facts clearly, so I could be completely wrong.

[Anonymous User]

I had applied to jobs on linkedin for a few weeks, but none of these jobs existed - they were just going to recruiters.

To my knowledge, no one forwarded my materials without me giving them permission but I was called by at least 10/15 recruiters. On this note, does anyone know how to find openings aside from just e-mailing through NALP?

The story isn't that confusing. i was told there were a bunch of targeted openings by the recruiter at Big Company 1, and approved a list.

When a recruiter at Small Company 2 called, I said I was working with Company 1 but really want practice area B. If you find me something in B, I would take it.

Small Company 2 found me something in B. The firm with the opening in B ran a more thorough search on me, and saw I was submitted for a different position a few months earlier by Company 1.

Big company 1 had not been submitting me anywhere or returning my calls so I figured it would be easy to get them to rescind the apps, and they were very angry, and when I tried to fire them they basically said either way they control my right to go to any firm they submitted me to in December. That's basically it. It's not rocket science. The extent of my agreement was "yes, list looks good" but this was contingent on (1) those actually being targeted openings, (2) that they'd work with me till I got a job and not just do 1 spam mail and (3) that it would be the ordinary requirement of only submitting once per every 3 months - other terms were never discussed.

[Npret]

That isn't the way recruiting works. As far as I know, the first firm controls the apps to any firm on the list you approved. You should have given that list to the second firm to avoid duplication.

Recruiting goes by who submitted the resume first. You are making arguments that don't have anything to do with it. You gave them permission and approved the list and they submitted resumes.

I don't know what you are looking for here. Are you mad that they expect to get paid? They did send in your resume. That the other firm worked harder doesn't matter if they sent the resume in second and while you still had an agreement with the first firm.

It's completely unrealistic to think that someone would walk away from a $50,000 fee.

[cron1834]

Based on OP's terrible English and storytelling, I'm kinda not surprised he or she was involved in a big miscommunication. It was just really hard to follow along until the last message.

[Npret]

Based on OP's terrible English and storytelling, I'm kinda not surprised he or she was involved in a big miscommunication. It was just really hard to follow along until the last message.

Agree.
I got the feeling that OP was trying to minimize their role in creating this mess.

[Anonymous User]

I have to stop posting here. I'm not sure if the problem is that have law or college students post in legal employment threads, but literally every post where someone asks for professional advice plays out like this:

1.) It's your fault.
2.) You're hiding something.
3.) Your English stops.

Clearly, there is only risk from posting here and no potential benefit. I should've picked up on the scarcity of lateraling threads, but lesson learned.

[jchiles]

3.) Your English stops.

[1styearlateral]

I'll be honest I didn't really read any of OP's posts, especially after reading several of the replies. Without wasting my time trying to decipher what OP's problem is: If you honestly don't believe you owe him/her commission, then just wait for them to file a lawsuit. Usually those people just blow smoke but never really do anything. I see this happen quite often with real estate brokers.

[Npret]

I'll be honest I didn't really read any of OP's posts, especially after reading several of the replies. Without wasting my time trying to decipher what OP's problem is: If you honestly don't believe you owe him/her commission, then just wait for them to file a lawsuit. Usually those people just blow smoke but never really do anything. I see this happen quite often with real estate brokers.

Won't the company be suing the firm that hires him? I think that is the issue. A law firm doesn't want to deal ith competing claims of recruiters.

[1styearlateral]

I'll be honest I didn't really read any of OP's posts, especially after reading several of the replies. Without wasting my time trying to decipher what OP's problem is: If you honestly don't believe you owe him/her commission, then just wait for them to file a lawsuit. Usually those people just blow smoke but never really do anything. I see this happen quite often with real estate brokers.

Won't the company be suing the firm that hires him? I think that is the issue. A law firm doesn't want to deal ith competing claims of recruiters.

Good point.

[elendinel]

I'll be honest I didn't really read any of OP's posts, especially after reading several of the replies. Without wasting my time trying to decipher what OP's problem is: If you honestly don't believe you owe him/her commission, then just wait for them to file a lawsuit. Usually those people just blow smoke but never really do anything. I see this happen quite often with real estate brokers.

I've definitely seen the recruiter lawsuit (not for me, thank goodness, but a former colleague). No one's taking you to court over $2k, but they most definitely will for $50k+.

They'll probably sue the firm and not OP, but it's really not a good way to start at a firm, to put it mildly.

[jhett]

Ghost the first recruiter. Don't contact them anymore, don't respond to any of their communications. They are clearly unprofessional and their threats are empty, as you have recognized. You are taking their bait by trying to offer money, negotiate with them, or getting litigious. They will not be able to figure out which jobs you apply to in the future.

Withdraw from the interview with the firm. There is no way for you to broker the peace here, and the firm will not want to deal with this mess when they can move onto someone else that doesn't have these kinds of problems. Honestly, you screwed this one up by not realizing both recruiters submitted to the same firm, and this is the price you have to pay. There will be other opportunities, so don't get hung up on this one.

Apply to positions yourself for a while / work your network. It doesn't take that much time, and you'll make more informed decisions than when a recruiter gives you a random list of firms. Avoid firms where the recruiters have already sent your resume for six months or so, and then you can re-apply if you wish.

Do your homework if you choose to work with recruiters in the future. You need to keep them on a short leash and have absolute control over what they are doing on your behalf. Don't hesitate to fire them if they aren't doing exactly what you want.

[A. Nony Mouse]

I have to stop posting here. I'm not sure if the problem is that have law or college students post in legal employment threads, but literally every post where someone asks for professional advice plays out like this:

1.) It's your fault.
2.) You're hiding something.
3.) Your English stops.

Clearly, there is only risk from posting here and no potential benefit. I should've picked up on the scarcity of lateraling threads, but lesson learned.

I don't think this is particularly true. I'll be honest, OP, I couldn't understand at all what you were talking about until about your 4th or 5th explanation. Also pretty sure most of the people telling you this isn't how recruiters work are practicing lawyers.

I get that a lot of people who are lateraling have reasons to want to be cagey about their situations but it can make it hard to offer much advice.

[dixiecupdrinking]

I have to stop posting here. I'm not sure if the problem is that have law or college students post in legal employment threads, but literally every post where someone asks for professional advice plays out like this:

1.) It's your fault.
2.) You're hiding something.
3.) Your English stops.

Clearly, there is only risk from posting here and no potential benefit. I should've picked up on the scarcity of lateraling threads, but lesson learned.

You've gotten advice as good as you could have expected based on the information provided. If you want someone to analyze the pros and cons of your potential legal claims and defenses against a recruiter, you will need to (1) hire a lawyer and (2) tell them what actually happened. If you genuinely think you have a $50,000 liability here you need to take it off an online forum. That's the only advice you will get from anyone whose advice you would be smart to take.

[s1m4]

OP - did you end up getting the offer or interview? How is the interaction with the firm itself moving along?

[Anonymous User]

The interview probably isn't going to happen. The second recruiter did all the work - the firm didn't even know I was in their system, because the previous submission was for a position that didn't exist. Both want the full submission.

I also realized the first firm's threat to tarnish my reputation unless I tell them which job is available was an empty threat. In hindsight, they probably thought if i was dumb enough to approve their list then I'd be a pushover. I don't even think they pay for leads or do anything beyond creating merge lists on NALP.

This is one of the larger recruiting firms, mind you. I should have researched how recruiting works before approving anything. However, I hadn't interacted with these kinds of recruiters before, and they had specified that it wouldn't affect my ability to apply for jobs or work with other recruiters. i'm debating whether or not it's worth it to give an honest review or name the firm. I'm sure I'm not the only idiot this has happened to.

I also can't fire them so I'm not sure what to do. I mean, they're not going to search for jobs but they're also not going to rescind any applications unless I tell them which jobs other recruiters approach me about. Are the apps generally good for 6 months or beyond that? If it's beyond that i'll have to hire an attorney. Obviously, forwarding options at these firms and others that recruiters approach me about is unethical so I won't do that. I just wish they'll go away. I can block email addresses and phones from my phone, but don't have that option on my work line.

[s1m4]

That sucks - what was the recruiting company?

How did you learn that they both want the fee - did the firm reach out to you? How did the firm even learn about the first recruiter if it went to junk mail?