Dilemma regarding recruitment agent and potential employer

[Sparkle1984]

I’m in a bit of a tricky situation. I’m currently looking for a new job and a recruiter sent my CV to an owner of a local company - I already know this company owner as he runs several industry meetups which I attend within my city so he is quite well-known locally.

The recruiter told me on the phone yesterday that he wants me to communicate via him (presumably so he would still get his fee) and keep him up to date if the company owner contacts me directly. However, the company owner is adamant that because he already knows me, he shouldn’t have to pay a fee, and he wants to deal with me directly and not the agent. The company owner has arranged for me to meet him next week for an informal discussion about the vacancy he has available.

I am meeting the recruitment agent tomorrow, and I'm worried that it could be very awkward if he asks whether I've been in contact with this potential employer. If I say yes, I'm worried that the potential employer would be angry with me as it is likely that the agent would try to charge him a fee if I did end up taking the job. If I say no, and I do end up taking the job with this employer, it is likely that the agent would find out eventually (it's a fairly small city and even then he could look at my profile on LinkedIn or other social networks to check whether I did indeed take up the job).

Who is in the right, here? And what should I say if the recruitment agent does ask me whether I've been in touch with this potential employer directly?

[Mindprison]

Hi Sparkle

Sadly I don't think I can be much help here, i'm not too sure who would really be in the right here. But what I do know is that it seems a little unfair that you've been put in this awkward position to begin with.

I do wonder if the recruiter has a policy for this kind of situation since technically they did put time and effort to put you in contact with the employer, I suppose.

If you had a bit more time I would have suggested visiting your local CAB but since it's tomorrow it leaves you in a bit of an awkward position.

Ultimately, the recruiter and the company boss will have to sort this out between themselves surely, it feels unfair to have you acting as middleman so to speak.

Sorry I couldn't be of more help, hopefully my response will bring people with more knowledge about this kind of thing than myself!

Best of luck on getting the job!

[Pythonian]

I am the head of HR for a nationwide Company in the U.S. Most likely the owner signed an agreement with the recruiter. If they are discussing fees then it's a contingent search and not retained and absolutely is the reason why the recruiter wants to facilitate the communication.

It all comes down to who had the Candidate first. If I post a job opening on LinkedIn and get a resume for a Candidate that a recruiter presents to me the next day, I can establish Imhad the contact first and no fee if I hire them. In this case, even though the owner knows who you are, I am assuming they didn't initiate contact so if the Recruiter did, they are entitled to the fee. I completely understand the Owner's point of view but unless they thought of you as a Candidate and made contact before the Recruiter presented you, they are wrong.

With regard to what to tell the Recruiter, I understand the potential impact both ways. Easy for me to say as I'm not the one with a potential job on the line, but I try to go with the cliche of honesty is the best policy. If the Owner doesn't want you because they can't get out of a fee, that's not someone I would really want in charge of my career. Best wishes.

[snowghost57]

I agree with Python. There is an agreement with the employer and the recruiter. If the employer only wants to get out of the fee, I wouldn't want to work for him either.

[MyNameIsTerry]

It's irrelevant. It's simply not your problem.

Recruitment companies can be unpopular because of fees so an employer might try to dodge paying the fee this way. As someone applying for the job, would I care? Nope. Companies spend their time often sacrificing their own customers for profit so whether it's a reflection of a bad employer is open to debate. I'm more concerned with them putting you in the position when it's unfair. Since you know the guy, you can judge if he's an unscrupulous type.

I would be mindful that to me I want the job therefore I'm not going to get myself mixed up in a bun fight over a third party contract that is none of my business.

It doesn't matter if the agent found out. They can't do anything to you by law nor would they have any reason too. The question I would be more concerned about would be whether I think the employer might take issue with it, even though they shouldn't be putting you in this position, and whether it could affect me getting the job.

Regardless, you have done nothing wrong and you have no contract with a recruitment agent so you have nothing to worry about.

A question I have is whether the employer has requested you say nothing? If he has, that's very unfair. If he hasn't, if the agent asks if you have been contacted can you say yes but give too little detail to compromise yourself?

And I want to add that the only reason you are even worrying about this is because you are an honest person.

The employer knows the terms of the recruitment contract. If the recruitment company found out, they would be able to take the matter further with their client, the employer. You are not bound by any terms by the recruitment company, you are entitled to do what you wish. Therefore even if it did come to light, the most would be them wanting a statement from you perhaps? The legal issue would still be between them, not you. Awkward with the employer potentially but you would have the protection of a works contract.

But who says it will ever come to this? He may not even ask you.