EMInfo Logo
The Original Resource for the Staffing and Recruiting Industry
ABD Software
Image

THE HATEFUL LOVE OF RECRUITERS

Published: Dec 28, 2015 5:52 PM  |  By Scott Wintrip  |  Viewed: 2316
Category: Expert Advice, Motivational, Recruiting  |  Tags: Candidates

This is one of those naïve "defenses" only a foolish feefighter would allege.  Yet it's among the most popular, because candidates fall all over their paychecks to help.

 

There are actually two levels of defense here:

 

1.  The candidate was your agent and therefore could waive (relinquish) your right to the fee.

 

This is a sophisticated argument, since you didn't actually deputize the agent to act for you.  However, ostensible (apparent) or implied authority can sometimes be credibly argued if the candidate represents (states) that you authorized him.

 

2.  The candidate was a witness to your waiver of the fee.

 

This is the safest route.  The candidate doesn't have to lie (much), and can even say he  thought you waived it.  Usually the words he "heard" were, "Don't worry about paying the fee."  He "mistakenly" interpreted this as meaning no fee would be charged to the client.

 

Supposedly that's what he said during the interview.  The client "reasonably" believed him, so hired.  No agreement to pay, no communication with you (since it believed you weren't involved), therefore no contractual liability.

 

Don't budge.  There's no legal way a client can prove an actual agency relationship existed with the candidate.  The candidate's thoughts have nothing to do with the obligation of the client under the legal objective theory of contracts.  It simply says, "Look at  the parties' agreement to determine their intent.    

 

"Let the facts speak for themselves."  Don't back down.

 

That client will pay!

Scott Wintrip

Written by

Scott Wintrip

Scott Love improves recruiter performance by getting recruiters to think at a higher level, to develop a better strategy, to master recruiting tactics, and to develop better work habits. He has created a simple step-by-step system of recruiting success that is replicable. Nearly 2,500 search firms and staffing agencies from sixteen countries have invested in his training tools. Visit his website for free videos, training tools, free downloads, and articles at www.GreatRecruiterTraining.com

Read More from Scott Wintrip
More Articles in This Category
Recruiters, Pay Attention to the News

May 22, 2026

Tricia Tamkin

How oil, AI capex, and one geopolitical chokepoint will decide your next eighteen months of placements. The world is abo...

The Evolution of a Recruiter and why it Matters

May 22, 2026

Steve Finkel

If you’re an experienced recruiter, chances are you’re doing pretty well. The business has its ups and downs...

Finding Your Cadence - Adapting to Market Shifts in Recruitment

May 22, 2026

Michael Gionta

QUESTION: Mike, how are you seeing the recruiting market as we read the global news? Understanding the Recruiting Market...

LATEST ARTICLES
Recruiters, Pay Attention to the News
Recruiters, Pay Attention to the News

How oil, AI capex, and one geopolitical chokepoint will decide your next eighteen months of place...

By Tricia Tamkin

May 22, 2026  |  136

Columns, Expert Advice, Productivity, Recruiting

View Full Article
Placeholder Image
The Evolution of a Recruiter and why it Matters

If you’re an experienced recruiter, chances are you’re doing pretty well. The busines...

By Steve Finkel

May 22, 2026  |  87

Expert Advice, Recruiting

View Full Article
Finding Your Cadence - Adapting to Market Shifts in Recruitment
Finding Your Cadence - Adapting to Market Shifts in Recruitment

QUESTION: Mike, how are you seeing the recruiting market as we read the global news? Understandin...

By Michael Gionta

May 22, 2026  |  73

Columns, Expert Advice, Recruiting

View Full Article