Headhunting Laws?

Headhunting Headhunters asks: "I was wondering if anyone knew what the laws surrounding third-party, recruiters and headhunters are? As with a lot of tech workers now looking for a job, I've submitted my resume to a bunch or headhunters with the explicit understanding that they will not represent me to a company without my approval. I also have my resume on my personal website (with a watermark denoting copyright on it and forbidding distribution). I was waiting for a written offer from a company which I had applied to directly on my own. After an interview with the techs, they were sure they wanted me, but the HR department suddenly put a stop to the process a week later, claiming that I had been previously represented by a third party firm -- call them 'X Solutions, Inc.'; I had never given 'X Solutions, Inc' my resume, to my knowledge, nor had I ever talked to them by phone or e-mail. I certainly never gave them permission to represent me at this one company, and now I was out of luck: this company's policy was that they couldn't accept my resume since it had come through a third party before."

"So now I need to get a lawyer and have them write a 'Cease-and-desist', because God only knows how many other companies 'X Solutions, Inc.' spammed with my resume. What are my rights, and what are the rights that recruiters can rely on? What are the laws, or experiences, you've all dealt with? Now that the market has declined so rapidly, I imagine there are a lot of recruiters out there who'll do anything for a nibble... but this just isn't right."

Comments

Do what you can to protect yourself.

[reaper20]

I regret every signing up with a headhunter.

First off is the spam you start getting, the others are the annoying phone calls and other crap you have to do, like "we expect your resumes in this format, our clients expect this level of quality, blah blah blah..."

I've been employed for almost a year, and I'm still getting garbage all the time from them.

The "technical ones" are the worst. I swear, if some 'expert' headhunter asks me to give him examples of the Java programs I've written, I'm gonna shoot them. (There is no mention of Java on my resume, but there is Javascript - anyone else get this all the time? So to avoid confusion, I changed the reference to ECMAscript, which of course was even worse, because then I had to explain that in every interview).

The same with monster and alot of those job boards, they all turn into headhunter spam networks. No thanks. This might sound lame, but I'd rather network the old fasioned way or post on a forum on a tech site for a job than bother with these people.

Re:Do what you can to protect yourself.

[Chelloveck]

First off is the spam you start getting, the others are the annoying phone calls and other crap you have to do, like "we expect your resumes in this format, our clients expect this level of quality, blah blah blah..."

I'll post the dissenting view. The two times I've worked with a headhunter (the same guy in both cases) it was wonderful. Maybe I just got lucky and found a good guy/agency. I had intended to use my time between jobs to brush up on new technologies and so forth, but he kept my schedule too full of interviews. In both cases I got a new job in under a week.

Mind you, this was 4-6 years ago, when the job market was really good. I also had nearly a decade of embedded systems experience under my belt, so he actually had something to sell to people.

I've never gotten spam from him or any other agency. I do get a phone call now and then asking if I'm looking for a new job again, but it's nowhere near enough to be considered a nuisance. I have way more trouble with vendors I met once at a trade show hounding me over and over trying to sell me their product.

I'd never post my resume to an online service again, though. I did once, and found that not a single company calling me had actually read the damn thing. They just did a keyword scan and called everyone who matched. Blech.

As for the original poster's problem... There's the possibility that 'X Solutions, Inc.' is another name for an agency that you did work through. Agencies sometimes go by more than one name, or get bought out by another agency, etc. There's also the possibility that someone else with the same name you have applied through 'X Solutions, Inc.'. If you're lucky you might be able to talk the HR department into giving you enough info to show them that the prior resume wasn't yours.

Or, if the case is simply that they don't want to be accused of stealing X Solutions' finder's fee, tell them to go ahead and pay it. A hiring manager can often find ways to work our difficulties with HR if he really wants to hire someone.

On the other hand, the company may have changed its mind and this is simply an easy excuse to reneg on their offer...

I'd try the informal route first before a laywer..

[herrlich_98]

My first reaction is that you should just explain to the HR department what you just explained to us. That you have no legally binding agreement with anyone else. If this company really wants you they should be reasonable about it. Get 'X Solutions, Inc.' to 'show you the agreement' you signed.

My second reaction is that there is something else going on and that this 'third party resume' stuff if just a smokescreen for something else. Maybe they did an informal background check on you and found the wrong person... or maybe they did did an informal background check and found the right person. Remember that conviction for fraud you had a few years ago. :-)

Copyright Law

[dpash]

I believe this would come under copyright law. You may be able to sue the company for breaching your copyright. You may have to prove date and ownership of copyright and you need to say on the CV that it was copyrighted to you.

If you lived in UK/europe, you could use their Data Protection laws.

Cease and Desist, PLUS compensation.

[gnovos]

They were trying to make a buck off of you. By giving them your resume before you got to it, if you do get hired, they can claim a signifigant chunk of money as a finders fee...

Well, since your resume is copyrighted, and they are trying to make money (albiet indirectly) from a copyrighted work, get your lawyer to whip out the BIG guns... copyright infringment.