Dear Dave:
I visited another recruiter’s website and they "advertise" they will never send a resume to any company without my expressed approval. This recruiter did this to me and also yelled at me when I declined the interview he offered me. Do I have any recourse against this recruiter? Can I get my resume back?

 

Dave Says:
As the 42nd President of the United States used to say, I feel your pain. I have heard these and a myriad other stories for years. I have even been the target of some of those “dirty tricks” by fellow recruiters and although it saddens me, nothing surprises me anymore. Since this is out of my expertise, I contacted a lawyer and he said that a cease and desist letter is the best starting point in a matter like this. I do recommend bringing the legal action as soon as possible, as unsavory recruiters like this have been known to “burn” people by using their resumes while ruse-ing companies to gain information. Consider this, your resume might be sitting on your own boss’s desk right now as this recruiter might have sent it out broadcast-style. Hurry…get to the lawyers office today!

Dear Dave:
I work for a major toy company with a satellite office in Manhattan. While reading the Times this past Sunday I noticed an advertisement from MY company for what appears to be MY job! I spoke to my boss and she said that we will not "…be hiring for ANY new positions in the next 6 months" citing budgetary reasons. I don’t need to be hit over the head here, they’re obviously looking to replace me…what should I do?

 

Dave Says:
Remain calm; there are two possible situations here. The first one being that your company is NOT replacing you nor hiring anyone new as per your discussion with your supervisor. This might be difficult to accept but many Human Resource departments continue to advertise and recruit for positions even during a hiring freeze or economic downturn. Their rationale is that when the market improves and expansion is necessary their pro-active behavior will put them ahead of the curve when the hiring “lottery” occurs. This occurs all of the time, especially during times like these when companies are not hiring but when budgets are still in place and available for recruiting/advertising. Your Human Resource department has to keep busy otherwise it’s their resumes they’ll be putting out. The second situation is cause for concern…you’re fired as soon as they find an applicant who they like. Start cleaning out your desk and get your resume ready to go.

Dear Dave:
I just had the most bizarre interview during which the President of the company asked me why a manhole cover was round and how many gas stations there are in the United States. I didn’t know the answers to any of those questions and he made me feel like a fool – how should I have answered him?

 

Dave Says:
Most companies utilize what’s called a structured interview. This traditional interview format asks the same questions from each candidate (for comparison purposes) in an effort to gauge the candidate’s skills, abilities and personal preferences. The individual you interviewed with was utilizing a stress interview. The stress interview is not a pure interview, yet a method of questioning used within an interview in an effort to gauge the candidate’s ability to handle stress. Remain calm! If you don’t know the answer to the questions just ask your interviewer for time to research the answer. Then offer him a firm date with which you will report your findings.

Dear Dave:
My company announced layoffs off 500 last December. They’ve just announced another round of 500 and I am concerned. Is there anything I can do to keep my position?

 

Dave Says:
There is no way to protect yourself from this recent spate of corporate “rightsizing”; however the following story is worth noting. I was working with a company where the CEO announced fourth quarter layoffs of 1500. After that announcement the company stock bounced and remained strong for the remainder of the year. As the stock price started to dip again at the end of the first quarter the CEO announced additional layoffs of 1000. The stock didn’t bounce this time, most likely because the company (with 2 billion dollars in sales) only had a total of 2000 employees on staff. My guess was that Wall Street couldn’t determine how this company could conduct business with negative 500 employees on staff. Yes cuts are happening, but many announced cuts will not occur as they are announced for the benefit of Wall Street.

Dear Dave:
I just got fired and my company didn’t offer me an exit package.  What should I do? 

 

Dave Says:
Consult with an Employment Attorney immediately. Many times a strongly worded letter from a lawyer can get you the severance package you deserve. Most companies know the average employee will go gently into the night when a “separation” occurs, but it’s the squeaky wheel that gets the grease. Firing employees is considered the most stressful experience a manager endures. Your manager’s chance of heart attack skyrockets by 60% after the firings. When a separation occurs, ask for the moon…you might just get it.

Dear Dave:
I recently accepted a position as Director of R&D paying $95,000 for a privately-owned toy company. After my first month the owner came tome and said that they couldn’t afford me and that they were reducing my salary to $75,000. What should I do?

 

Dave Says:
This is more common than one might think, especially with small, family or foreign owned companies. If you didn’t get it in writing, chances are you have little recourse. Even an ironclad contract can’t protect you if a company (honestly) can’t meet payroll. Chances are good that the company is utilizing what we in the business call “post-hire-negotiation”. They did not negotiate in good faith and their betting on the fact that your too deep in to back out now. My advice is to consult with an attorney and start looking for another job.

Dear Dave:
I am five months pregnant and it shows. After my most recent interview the hiring manager’s secretary said, (in a loud voice), "congratulations on your baby, it looks like you’ll be needing our family plan for insurance". I felt very uncomfortable and I didn’t answer, I know there is a law that protects pregnant individuals, did they break the law? And what recourse do I have if I don’t get an offer from them?

 

Dave Says:
The “law” you are referring to is the Pregnancy Discrimination Act of 1978, which is an amendment to the Civil Rights Act. The Pregnancy Discrimination Act prevents employers from taking into account your pregnancy when making their hiring decision. Should you not receive an offer from this firm it will be very difficult to prove that your pregnancy was the mitigating factor in your rejection, unless you were clearly superior in all ways to the other candidates. The hiring authority did not directly inquire about your pregnancy and the issue was brought up after your formal interview. Although this does not make fair, it also does not make it illegal. If you do not receive an offer and you feel you were treated unfairly I would recommend contacting an attorney who specializes in discrimination cases.

Dear Dave:
I was at a dinner party and I learned that to find my ideal salary I should double my age and add $5,000. I’m 36 years old and I am not making $77,000. Is this considered an accurate way to determine compensation?

 

Dave Says:
In a word…no. My main concern with this technique is that you can’t get your salary to $150,000 without reaching age 72.

Dear Dave:
I responded to an advertisement in my local newspaper for a job in the toy industry. Another recruiter (YIKES!) had the position. All was well and I was pretty excited about the position until he asked me my age. I couldn’t believe it, nor could I believe his response that the company only asks because they didn’t want to hire an "inexperienced" individual. Obviously I don’t believe him (nor trust him) but I really want the job, what should I do?

 

Dave Says:
It is commonly believed that it is illegal to ask an applicant his/her age, which is incorrect. It is LEGAL to ask an individual his/her age in the application process. The question that begs to be asked is WHY would you need to know an individuals age? Asking the “age-question” only places the employer in legal jeopardy should they be sued for age discrimination in the hiring process. Of course assuming every individual in their applicant pool is in a protected class (over age 35) then it would be very, very difficult to prove discrimination based on age. Asking an applicant’s age is very suspect to me, but again – it’s not illegal. You may feel free to continue your relationship with that other recruiter (yikes!).

Dear Dave:
I have spoken to dozens of recruiters, hiring managers, etc and I still have no clear consensus of how many pages my resume should be, any help in this matter would be greatly appreciated.

 

Dave Says:
If I had a donut for every time I fielded this question I could open a Krispy Kreme by now. There really is not a hard and fast rule regarding resume length, but with that being said here are my “rules”. One page is clearly not enough for the well-seasoned professional. Two is the industry “sweet spot” and is tough to beat. Three is probably too much, look to see if all the information is relevant and CURRENT! Four is a “bore” and probably needs to be paired down. Five…come on, be reasonable here! For your information the shortest resume I ever read was a quarter of a page; the longest was 29 pages of excruciating detail…neither individual got the job.

Dear Dave:
After working for the same company for twenty years, I’ve decided to accept a position with a competitor. When I give notice, am I obligated to tell my current employer where I am going?

 

Dave Says:
Clearly, there is no reason why you have to tell your current employer where you are going, but consider this; are you staying in the same industry? Will you be attending the same trade shows? Is the industry so tight-knit that they are bound to find out, and soon? If so, just tell them to prevent any acrimony that might build up between you both. Your current boss could be your next boss, don’t think that hasn’t happened before. Bottom line, make the exit as painless as possible for you both and don’t burn any bridges. Good luck with your new position.

Dear Dave:
I’m from Philly so I can ask this – why are recruiters such complete jerks? One of your competitors never takes my calls, never returns my calls but calls me for names all the time. Just recently he called me late at night – while I was sleeping – and woke me up. I figured this was my “big opportunity” so I took the call. Guess what, he just wanted more names. Come on Dave, what gives with you guys?

 

Dave Says:
Every profession has a few bad apples, even recruiting. Generally, the recruiters in this industry are respectable, caring and professional individuals. I have heard stories about certain recruiters for years, but it is up to you not to take their calls. If Stalin or Hitler were recruiters would you take their calls? Have some respect for yourself and don’t work with them any longer. I thought guys from Philly were tough?

Dear Dave:
I’ve worked in television and am looking to change fields and begin a career in the toy industry. Do you have any advice as to where I may begin my search?

 

Dave Says:
This is the #1 question Dave gets asked; seems like everybody wants to get into the toy industry these days. The question does concern me because the toy industry is not a growth industry, in fact it is shrinking every day. The reasons are well known and documented but it all adds up to less and less toys being sold and less and less need for talented people at fewer toy companies. But I digress, in answer to your question it depends on what exactly you do. If you are in marketing, toys companies need marketing – in fact, they need legal, accounting, sales, IS/IT, human resources – basically, they need all business functions. Take your time, research the industry and find a solid, stable company and send them your resume. Toy companies are no different than any other company. If they need a great programmer and you program – well, it just might be a match made in heaven.

Dear Dave:
I received a job offer for a great job with a great company but the offer was low. I countered their offer but they rejected it and stood firm. I asked for a sign-on bonus but they declined again and stood firm on their offer. They offer a great benefits package but I don’t need benefits, can I ask them for the cash equivalent instead?

 

Dave Says:
You can certainly ask, however don’t expect them to capitulate. If the company gives benefits to everyone, they won’t be too interested in not giving them to you (and bumping up your pay) however it has been done. Most companies don’t want to do this (open Pandora’s Box) because then other employees who technically don’t need the insurance will go in and ask for the cash equivalent. Benefits can be valued up to 30%+ of your base pay (depending on your salary) and not many companies are interested in adding 30% in cash to your base salary. However, some large corporations will give you cash back (on a monthly basis) if you waive your right to medical benefits. When both spouses are working, it is not necessary for both of them to have benefits, so it is actually cheaper for a company to give money back to the employee than to keep him or her on the books for benefit purposes. So, again, you can ask…but don’t expect too much in return.

Dear Dave:
I don’t believe that internet job boards are for real. I mean, you know me and my resume – both of which are outstanding. I have sent my resume in for some very niche positions on monster.com, the ladders.com, Hotjobs.com, etc and I have never, ever, even got so much as an email reply much less a callback or an interview. Dave, as you know I have certain niche skills that these postings are asking for. Are you telling me they get so many people with my skill set I am not even in the group that gets a callback? Are these job boards for real? All they have ever done for me is get my hopes up and waste my time. What gives? — name withheld–

 

Dave Says:
Yes, [name withheld] your resume really is outstanding. Yes, the job boards are for real…sort of (more on that later). There are several reasons you aren’t getting a callback. You are the dolphin in the tuna net – when monster posts a job for someone with toy experience, they get inundated with hundreds and thousands of resumes; most of them from people who have no toy-related experience other than having played with toys as a child. So, when the net gets cast they have thousands of tunas and a few dolphins – but on this fishing boat, it becomes tedious trying to find and save the dolphins. But there is a bigger problem. Who do you think is tasked with evaluating the resumes that come in from the job boards? The CEO? The VP of HR? The hiring authority? No way, nope, no sir! The lowest person on the totem-pole reviews the thousands of resumes that come in from the job boards. I once had a client who had the President’s teenage daughter reviewing the resumes. She had a cheat sheet to help her – “…no more than 3 jobs in 15 years”, “…look for key-words like ‘achieved’”, etc, etc. It is difficult to impress the resume gate-keeper with your accomplishments if the gate-keeper has yet to graduate from high-school now isn’t it?

 

But there is more. I said the job boards are “sort of” real. Many companies use them strictly for evaluation resumes. Meaning they list a job they already have filled, get some resumes in, review them and then evaluate them against someone they already have on staff. It makes HR really feel like it is an asset to the company. Think about it. You and hundreds like you respond to these listings and never even get an email back. That is because they never intended to really fill the position. Some companies just want candidate flow (resumes) in the unlikely event a person leaves their company. Then HR can run to the President and say, “Don’t worry, we anticipate this sort of thing and have numerous candidates (resumes) we can call on to fill John Smith’s position”. Again, the intent of the posting is not to fill a currently (or perhaps ever) open position. Lastly, job boards sell companies a “listing package”, usually unlimited postings for 12 months for a discounted fee. The job boards WANT job listings – it helps generate traffic. So, if the company with the free listings doesn’t list one month they get a friendly reminder email that reads, “…don’t forget, there is no cost to you to post a job but a great cost/loss if you don’t!”. So, the companies with the listing packages post jobs…sometimes, many times, for jobs they have no intention, need or desire to fill. And that [name withheld] is why you never get a call back.

Dear Dave:
I consider myself a conscientious, hard-working employee. However, as you know, I have been laid-off/downsized/fired three times in the past three years. I thought I was worthwhile as an employee but maybe I am worthless. You know my background, and that I held a job at a major toy company for nearly twelve years before all this…could I really be that bad now? — [Name withheld]

 

Dave Says:
Dear [Name withheld], Your career path at present is not unique among your peers. Many people have held jobs for 7, 10 or 15 years only to suffer multiple separations over the past 8 years (since around 9-11). If timing is critical to the hiring process it is more so to the firing process. Tenure is king when surviving a lay-off and so when you join a new firm and the bad times come…you are more easily selected as the first to go; couple that with a recession and frequent job separations aren’t that uncommon. However, it might be time to be introspective. Are you too set in your ways to adapt to new surroundings? Are you difficult to deal with? Have certain technologies passed you by? Are you as in touch with the youth trends today as you were 20 years ago? Your resume gets you in the door but you have trouble when you get there. You should strongly consider working with a career coach. Yes, your abilities are excellent but make sure your attitude matches and you welcome change. If possible, you should reconnect with some former co-workers and employees and ask them to be honest – BLUNT – in their assessment of your weaknesses both professionally and personally. Hopefully that coupled with a career coach can point you in the right direction. During this process don’t allow yourself to wallow in self-pity and don’t throw in the proverbial work towel. Just be prepared to make changes and improvements in yourself both personally and professionally. Good luck!