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How to avoid job scams and fake recruitment agencies: Ask HR

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Johnny C. Taylor Jr.

Johnny C. Taylor Jr. tackles your human resources questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest HR professional society and author of “Reset: A Leader’s Guide to Work in an Age of Upheaval.”

The questions are submitted by readers, and Taylor’s answers below have been edited for length and clarity.

Have a question? Submit it here.

Question: My husband is currently in search of a job. He has encountered multiple fake job offers and scams. It takes up much of his time and energy to search. What should he look out for to avoid being drawn into another scam? – Yvette

Answer: I’m sorry your husband, like many others, has fallen victim to recruitment scams. Unfortunately, fake job postings have become increasingly common. But there are ways applicants can weed out bogus career opportunities from legitimate ones.

First and foremost, if something seems too good to be true, it probably is. It may be a red flag when job postings or recruiters promise unusually high salaries and amazing benefits or flexibility. This is a ruse for defrauders to collect resumes and contact information to use later. Also, pay attention to the language in the job posting. The advertisement is probably fake if it is vague, has grammatical errors, and doesn’t contain company branding or contact information.

Similarly, if a recruiter asks an applicant to share confidential information or pay for something upfront, something nefarious is likely at play. Recruiters rarely request personal information, such as social security numbers or birth dates, before making a formal offer and almost never ask applicants to absorb any recruitment costs.

As the adage goes, “trust, but verify.” When in doubt, applicants should do their research. Visit the company’s website to verify the opening is listed on its career page. Also, check LinkedIn or other social media profiles, where employers often advertise their job vacancies. Websites like Glassdoor can also provide a wealth of insight into a given organization and its interview process.

As with most scams, job related or not, the perpetrators generally operate one way. They ask for your information, resources, and even money without ever sharing anything from their side. Don’t be afraid to test them. Most scams aren’t sophisticated enough to stand up to true scrutiny. Guard your personal information as closely as you do your money; don’t be willing to give it up without something tangible in return. The recruiting process should flow both ways. If it doesn’t, find out why; ask probing questions.

With these tips, your husband should be able to avoid these scams in the future to find genuine opportunities. Best of luck!

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I was laid off as a full-time employee and saw my job posted as a position through a staffing agency. I applied to get my exact job back, which would be through a staffing agency. The hiring company said they could not legally hire me in the same position after being laid off. But would hire me in a different position. I have seen no evidence that they can’t legally hire me again. Is there a law for this? – Gina

Layoffs are a grim reality of the post-COVID-19 world of work, and I applaud you for taking active steps to return to the workforce. The question you pose is an interesting intersection between an employer’s internal process and the potential application of regulations.

When we think of layoffs, we often think about companies eliminating positions or even departments due to financial reasons. In those scenarios, it might make sense to rehire former employees who were in good standing. However, in some cases, companies may need to lay off employees to realign the knowledge, skills, and abilities not present in the current employee or position.

While I can’t speak to your exact circumstances, I want to delineate a distinction that determines the legality of bringing back a terminated employee. The big question is whether your company would hire a contractor for the position through a third-party agency or as a direct contractor. As a terminated employee, bringing you back via an agency would be allowable by law. Conversely, rehiring you directly as a contractor would be illegal. 

It is also worth mentioning that there is no statutory requirement to have a position empty for a specific period following a layoff since employment in the U.S. is typically at will. So, any employer or employee may end the relationship with or without cause. I encourage you to review your layoff paperwork and any relevant company policies your previous employer has related to rehiring after involuntary separation for additional guidance and clarity.

Certainly, you may want to explore other opportunities to find an organization that covets your skill set and fits what you are looking for in a workplace culture. Either way, stay on the hunt for the best opportunity for your career growth. And I urge you not to be discouraged by this turn of events as this may open the door to a new and exciting future. I wish you the best of luck in your continued job search!

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