If you're looking for a job, you may come across ads for firms that promise results. Although many of these firms may be legitimate and helpful, others may misrepresent their services, promote outdated or fictitious job offerings, or charge high up-front fees for services that may not lead to a job.
Some ads may direct you to call a toll-free 800-number. Once you're connected, you may be switched to a pay-per-call 900-number without your knowledge, or you may be asked to call a 900-number without a proper fee disclosure. Both practices are against the law.
The Federal Trade Commission ("FTC") sues businesses that fraudulently advertise employment openings and guarantee job placement. Consumers who respond to these ads think they're contacting a bona fide placement service that's seeking candidates to fill specific jobs. Instead, they're reaching a business that rarely helps consumers get employment through its "services." To make matters worse, these businesses invariably charge advance fees - ranging from several hundred to several thousand dollars - sometimes without consumer approval, or promising - falsely - that most or all of the fees ultimately will be refunded.
When you're looking for help in finding a job, it's important to understand the differences among employment services. Find out what services a firm offers, how much the services cost, and who pays. If you're required to pay the fee, find out what you'll owe if the employment service fails to find you a job or any leads.
Six basic types of service companies/agencies offer consumers help in finding a job. They include:
Employment agencies or personnel placement services work to fill specific positions available within companies. Their purpose is to bring applicants and employers together. Often the hiring company pays the placement fee. But when state law permits, you and the employer may share the fee or the fee may be billed to you after you've been hired. Employment agencies usually are licensed in the state where they do business.
Executive search firms or executive recruiters are hired by businesses to find the "right" person for a particular job within an organization. Recruiters sometimes are referred to as "headhunters." The executive who is hired doesn't pay the fee; it's part of the agreement between the hiring business and the search firm. Executive search firms usually abide by a code of ethics established by industry members. Some firms are licensed by the states where they do business, if required by state law.
Temporary help services supply workers to businesses on a temporary or as-needed basis. Businesses pay an agreed-upon wage to the temporary service for work performed by the employees. The temporary service firm pays the workers, not the temporary employer.
Executive counseling services or career counseling services help job seekers with career directions and decisions more than with job placement. They may offer services like skill identification and self evaluation, resume preparation and letter writing, and general information about companies or organizations in a particular location or job field. Fees can be as high as $4,000, and payment often is required before services are provided. You'll probably have to pay this fee even if you don't find a job. Placement isn't guaranteed.
Job listing services or advisory services sell information about getting a job in the U.S. or abroad. They often use pay-per-call 900- numbers to do this. They do not provide actual job placement. Information may include lists of job openings, general tips on conducting a successful job search or interview, and broad guidance in resume writing. These advisory firms often require an upfront fee for their listings.
Before you spend any money responding to job ads or completing job placement contracts, the FTC suggests that you:
an estoppel that prevents a promisor from denying the existence of a promise when the promisee reasonably and foreseeably relies on the promise and to his or her loss acts or fails to act and suffers an injustice that can only be avoided by enforcement of the promise
More Legal News