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In their eagerness to obtain employment, many individuals are exploited by dishonest employment agencies, search firms, and career counselors. Some applicants are charged exorbitant placement fees. Others pay large, nonrefundable fees for Job interviews that do not result in jobs. Still others are asked discriminatory questions at the initial interview or are told to register for courses, for which the agency gets a fee, before they are sent out on interviews.

You can protect yourself from unethical and illegal employment practices if you:

Know the differences between employment agencies, search, firms, and career counselors. The primary function of employment agencies is to obtain jobs for clients. Search firms and career counselors perform a variety of services, including resume and letter preparation, teaching successful interviewing techniques, and providing leads for job openings. They do not obtain jobs for applicants.

A search firm placed an ad in a nationally known newspaper that read:

We Use Our Contacts, Methods, Experience, Research Facilities, and Equipment to Obtain Interviews for You in the Unpublished, Unadvertised Job Marketplace; Positions are Available for qualified executives, managers, and professionals in the $20,000 to $60,000 range in corporations, associations, and foundations.

The ad attracted several hundred individuals, who reportedly paid advance fees ranging from $500 to $8, 000. Most of these people never received any placement assistance or contacts.

Understand the ramifications of your arrangement. Ask the following questions before you agree to be represented by an employment agency, search firm, or career counselor:

• Is the firm licensed? In some states, employment agencies are licensed and regulated by the Department of Consumer Affairs. To obtain a license, the agency must fill out a detailed application, post a performance bond, maintain accurate records, and avoid engaging in illegal acts. Career counselors and search firms do not have to be licensed to conduct business.

  It is illegal for employment agencies to charge a fee before they find you a job.

• What are the precise services the firm or individual will render?

• What is required of the job applicant (prepare a resume, buy interviewing attire, etc.)?

• When will the firm or individual earn its fee: When you are offered a job by an acceptable firm, when you accept the job, or when you work a minimum amount of time?

• What is the maximum fee charged?

• Who will pay for the fee, you or the employer? When is it payable?

• What happens if you decide not to accept a job that is offered?

• Is a deposit required once a job is accepted? If so, by whom?

• Will you receive a detailed description of each potential employer before you go on an interview, including the name, address, kind of work to be performed, title, amount of wages or compensation, hours, whether the work is temporary or permanent?

• Will the agency investigate whether the potential employer has defaulted in the payment of salaries to others during the past five years?

• What happens to the fee if you resign or are fired within a short period of time?

• Will the agency help you obtain another job if you are terminated?

• Does the agency have the right to demand representing you on an exclusive basis?

• What happens to the fee if you become disabled and cannot work?

Confirm your arrangement in writing. Reputable firms will confirm your arrangement in writing. Read the agreement carefully and question all ambiguous terms.

Avoid paying money in advance. It is illegal for employment agencies to charge a fee before they find you a job. However, career counseling and search firms are permitted by law to charges fee up front. Resist this, if possible. Many people pay money to firms but never receive promised services.

A modeling agency placed an impressive ad in a local newspaper saying that it was looking for attractive children. Parents from hundreds of miles away brought their children in hopes of establishing them in a career. The agency agreed to represent the children provided the parents spent several hundred dollars for pictures and promotional materials. Weeks later, a few black-and-white photographs of the children were received, but that was the last time the parents heard from the agency.

Do not pay money up front; wait until you are satisfied that the firm is working hard on your behalf.

Recognize abuses before they occur. The following is a list of common employment agency acts that are prohibited under many state laws. It is illegal for an employment agency to:

• induce you to terminate your job so the agency can obtain new employment for you

• publish false or misleading ads

• advertise in newspapers without providing the name and address of the agency

• send you to an employer without obtaining a job order from the employer

• make false representations or promises

• require you to subscribe to publications, pay for advertising costs, enroll in special courses, or pay for additional services

• charge a placement fee when the agency represents that it was a fee-paid job

• discriminate on the basis of sex, race, religion, or age

• require you to complete application forms that obtain different information from male and female applicants

Many of these activities are also illegal if committed by search firms and career-counseling services.

Seek immediate assistance if you have been exploited. If you believe you have been exploited, send a letter to the firm to document your protest. The letter should state the reasons for your dissatisfaction and the manner in which you would like the problem resolved (see Figures 1.7 and 1.8). You can also initiate a suit in small claims court.