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‘We Hired the Candidate in a Different Position’

by | Feb 2, 2013 | Recruiter Training, Top Echelon Blog

Welcome to our ongoing series of blog posts in the Top Echelon Recruiter Training Blog “Jeff Allen’s Collection Tip of the Week.” Each week, we’ll highlight one collection tip from Jeff Allen, JD/CPC, the world’s leading placement lawyer.

Since 1975, Allen has collected more placement fees, litigated more trade secret cases, and assisted more placement practitioners than anyone else.  He’s also the author of 24 books and a regular columnist for The Fordyce Letter, one of the leading publications in the recruiting industry.

Below is this week’s collection tip for recruiters, courtesy of Jeff Allen.

What the Client Says:

“We hired the candidate in a different position.”

How the 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.

Then 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 __________”?

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

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

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Know how to collect your well-earned fees?  Test yourself!  Visit Jeff Allen’s Placement Law website and click the “Placement Fee Collection Quiz” button.  Allen can be reached via telephone at 310.559.6000 or via email at

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