Do you know the laws relating to placement? Take this quiz and find out! The correct answers are at the end.
Need help? Check out Jeff’s previous columns here. You can also consult his extensive collection of tips and information on his website www.placementlaw.com.
A. The offer in the contract between the recruiter and client is:
- Simultaneous with the job offer to the candidate.
- Implied when the client gives the job order.
- Expressed when the client consents to pay the fee if the candidate is hired.
- None of the above.
B. The acceptance in the contract is:
- Simultaneous with acceptance of the job by the candidate.
- Implied when the client doesn’t object to the fee, either during the presentation or upon receipt of the fee schedule.
- Implied when the client agrees to interview the candidate.
- All of the above.
C. The consideration in the contract is:
- Payment of the fee.
- Hiring the candidate.
- Usually not there, because clients can really be inconsiderate sometimes.
- Both 1 and 2.
D. Placement fees are more difficult to recover than most service charges because:
- They often involve complex facts.
- Signed fee agreements are often not used.
- The fee is based on the result rather than the effort.
- All of the above.
E. The placement fee agreement is a unilateral contract because:
- Any acceptance by an employed candidate is subject to a counteroffer.
- The client may be accepting referrals from many recruiters.
- A fee schedule is generally printed only on one side.
- No contract arises until the recruiter fully performs and the candidate actually starts.
ANSWERS: A. 3, B. 2, C. 1, D. 4, E. 4