Ask HN: Recruiter Blackmail

#1

Post by myth » Wed, Jul 16, 2014, 3:10 PM UTC

I was working with a recruiter while looking for a new position. He pulled a bait and switch on me where he pitched one job to me and then scheduled a phone interview with another. After that, I told him I would no longer work with him.

After all of this, he pitched my resume to my current employer, I'm guessing to get me fired or tarnish my reputation. Do I have any legal recourse? What should my next actions be?

Re: Ask HN: Recruiter Blackmail

#2

Post by gdubs » Wed, Jul 16, 2014, 3:17 PM UTC

Yikes, what a jerk.

Really, there's nothing immoral about speaking to recruiters when you're employed. It's within your rights to know what's out there, and what your current worth is.

That said, I'm not a lawyer, but if you lose your job over this (and I don't think a reasonable employer should fire you over it), it wouldn't hurt to speak with one. The recruiter would have a hard time explaining his motives for pitching you to your current employer, other than incompetence or maliciousness.

Re: Ask HN: Recruiter Blackmail

#3

Post by mschuster91 » Wed, Jul 16, 2014, 3:19 PM UTC

Does your current employer know you want to leave?

How valuable are you to your employer? Is it possible to negotiate better terms (higher salary, better insurance, ...)? Some employers may go this route if they see a high-value employee in danger of being poached.

Re: Ask HN: Recruiter Blackmail

#4

Post by myth » Wed, Jul 16, 2014, 3:22 PM UTC

gdubs wrote: post #2

Yikes, what a jerk. Really, there's nothing immoral about speaking to recruiters when you're employed. It's within your rights to know what's out there, and what your current worth is. That said, I'm not a lawyer, but if you lose your job over this (and I don't think a reasonable employer should fire you over it), it wouldn't hurt to speak with one. The recruiter would have a hard time explaining his motives for pitc…

I'm not too worried about losing my job. I told my employer I was planning on leaving, then changed my mind. I'm part of the hiring committee for my current employer. So I was surprised when I saw my own resume sent out by my boss. I was able to piece together the timeline when my boss told me when the recruiter sent my resume to him.

Re: Ask HN: Recruiter Blackmail

#5

Post by myth » Wed, Jul 16, 2014, 3:25 PM UTC

mschuster91 wrote: post #3

Does your current employer know you want to leave? How valuable are you to your employer? Is it possible to negotiate better terms (higher salary, better insurance, ...)? Some employers may go this route if they see a high-value employee in danger of being poached.

I told my employer I was planning on leaving, then changed my mind. Both my employer and I are happy with my work. I was seeing what else is out there. This definitely feels like malicious intent.

Re: Ask HN: Recruiter Blackmail

#6

Post by schmidtc » Wed, Jul 16, 2014, 4:01 PM UTC

If this guy works for a firm it would be worth notifying them. A good firm will want to protect it's brand.

Re: Ask HN: Recruiter Blackmail

#7

Post by tptacek » Wed, Jul 16, 2014, 4:04 PM UTC

gdubs wrote: post #2

Yikes, what a jerk. Really, there's nothing immoral about speaking to recruiters when you're employed. It's within your rights to know what's out there, and what your current worth is. That said, I'm not a lawyer, but if you lose your job over this (and I don't think a reasonable employer should fire you over it), it wouldn't hurt to speak with one. The recruiter would have a hard time explaining his motives for pitc…

His motives seem obviously to be malign, but what's the theory under which he's liable for damages?

Re: Ask HN: Recruiter Blackmail

#8

Post by gdubs » Wed, Jul 16, 2014, 4:10 PM UTC

tptacek wrote: post #7

gdubs wrote: post #2

Yikes, what a jerk. Really, there's nothing immoral about speaking to recruiters when you're employed. It's within your rights to know what's out there, and what your current worth is. That said, I'm not a lawyer, but if you lose your job over this (and I don't think a reasonable employer should fire you over it), it wouldn't hurt to speak with one. The recruiter would have a hard time explaining his motives for pitc…

His motives seem obviously to be malign, but what's the theory under which he's liable for damages?

Well, like if said I'm not a lawyer, but if the recruiter acted to malign and it resulted in termination, I feel like there may be something there. Certainly in that case it would be at least worth consulting someone.

Re: Ask HN: Recruiter Blackmail

#9

Post by adamkochanowicz » Wed, Jul 16, 2014, 4:43 PM UTC

You could start by posting his full name here.

Re: Ask HN: Recruiter Blackmail

#10

Post by myth » Wed, Jul 16, 2014, 4:45 PM UTC

schmidtc wrote: post #6

If this guy works for a firm it would be worth notifying them. A good firm will want to protect it's brand.

I'd like to but they don't really have the right people to contact on their site. I also figured I should break off contact in the case that I speak with a lawyer. From what I've learned in the past, the next person to contact them should be a lawyer.