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I'd say no. I'm pretty serious about employee rights, but this is not a consideration that I feel employees are entitled to, at least not as originally framed.
by michaelochurch 14y ago
I'd say no. I'm pretty serious about employee rights, but this is not a consideration that I feel employees are entitled to, at least not as originally framed. Who sets the market rate? Anyway, legally you have no standing to charge for that when the going protocol is that interviews are free.
I'm not sure that I want to step away from that protocol, either. Employers have as much ground to charge sloppy candidates for wasting their time.
Employers should pay all costs (e.g. travel) and they should volunteer so it isn't socially awkward-- no one should have to ask to be reimbursed for train tickets-- but they shouldn't be expected pay for the employee's time. Search costs are shared; that's just social protocol. Besides, the absolute last thing I want as a job candidate is to compete with spam candidates taking an outside shot at getting in and collecting a day's pay. Yes, that would seriously happen if companies started paying unsuccessful interview candidates.
However, companies should be upfront about how long the process will take. Unexpected follow-ons are irritating and I usually wouldn't start running a clock, but I feel that I should have that right. What you can't do (legally, you have no standing) is retroactively decide that the clock was running because the company didn't have its house in order and missed deadlines. Also, if you try to "collect" and threaten reputation damage, there's a thin line between that and extortion. You probably won't go to jail in that particular case, but your leverage is gone.
What I do support charging for (in event of not getting the job, which hasn't happened yet) are reference checks. I haven't had to give references in a while, but here's the best way that I can come up with to do that. Send an email with the contact information of your references in it. Then, generate a PDF with the first page having phone numbers and emails of your references (the exact same information, so it looks redundant; you'd prefer that the PDF not be read). Have the second page be either blank or garbage. On the third page, put that you consider any contact regarding you between employer and any reference to be extension of a job offer and that, if they contact a reference (provided or "back channel") and pass on you, they are liable in amount of 3 months' salary, Then make sure one of your references is someone who'll tell you if they get a call from that company.
If they pass on you and you can't prove that they contacted references, you don't collect. However, if they call your references (and you can prove it) and still decline you, you usually will have legal standing to collect; since you allowed them to take a risk with your professional reputation, you have a right to appropriate consideration.
- daigoba66 14y ago> What I do support charging for (in event of not getting the job, which hasn't happened yet) are reference checks. That's true? I've honestly never heard of that before. But it is fascinating. Though it sort of begs the question, what is the point of a reference check?
- michaelochurch 14y agoIt's certainly non-conventional to charge for reference checks, and the balance of power isn't employee-favorable enough to do so in the general case. For junior roles, just give the "Classic 3" (three references you choose) and be done with it. Don't try to set it up as a consulting contract. You probably won't be dinged on references so there's no point. It's more of an issue for upper-tier roles where reference checks are actually competitive-- i.e. turning up 6's and 7's means you don't get the job because they expect 9+, some of your references have to be supervisors/executives, and more than 3 plus back-channel are involved. That's when you should seriously consider charging. Hiding it in a PDF that no one reads is preferable. Honestly, I'm inclined to give the "Classic 3" for free: 3 references that I pick to validate that I'm a capable person. I'm not going to play Internet Badass and claim that I charge for that; that's free. I know, at this stage in my career, that I'll usually get the job given that (if they really need 9.5+ level references and I can only give 9.0; then they weren't that into me to begin with). However, if they start to play "We need to speak to a supervisor" with me, then I start to charge because they're making me do above-board consulting work and I'm only willing to do that for free if I get the job.
- theorique 14y agoWhat I do support charging for (in event of not getting the job, which hasn't happened yet) are reference checks. This sounds like a serious long shot.
- vacri 14y agoHow is a one-sided contract legally enforcable? If you put in your email signature "By reading this email you have agreed to mail me $5", the nature of that one-sidedness is much clearer. Besides, 'risking professional reputation' by calling referees and then not offering a job? Risking it to whom? Only the referees will know, and if they were the deciding factor, then they already have a particular opinion of your abilities.