The Recruiting Blog | People First Recruiting

Last week I was having lunch with a long term client and the topic of recruiter ethics came up.  More specifically it was the "rules" surrounding placement of a candidate and headhunting.  (Headhunting is a recruiting term and is generally defined as proactively contacting candidates who are employed in another company.) 

Not surprisingly this is a subject that comes up frequently.

A few weeks ago I was interviewed by Sheryl Smolkin who had come across our whitepaper on Maximizing Your Recruiter Relationship.  She was writing an article for The Toronto Star about working with recruiters. She asked me a question about soliciting placed employees for future recruitments and was citing examples of how this may occur.  It was her article on working with recruiters which prompted me to write more about this subject.

This is a difficult and sensitive issue so I am going to do my best to provide some clarity to this topic with the following considerations:

• Most Recruitment and Executive Search firms should have a "no solicit” or “hands off" policy. It generally means once a candidate is placed in ABC Company by the recruiter, there will be no further direct solicitation of employees from ABC Company, including the placed candidate. 
• The criteria, so to speak, for becoming a no solicit client will vary greatly from one recruiting firm to the next.  What generally ensures you are on their no solicit list is that you are a company who has paid for their recruitment services.
• The length of time you are a 'no solicit' client is where it starts to get a little grey depending on the recruitment firm.  For example, one year ago you may have hired a full time candidate through a recruiting firm but their no solicit policy may only be for six months in length.  If you haven't used their recruiting services since that placement one year ago, then you may no longer be on their no solicit list.
• If you work with a recruiting firm who does temporary placements on your behalf, their policy may apply to permanent placements only.

What is most important is to understand what a recruiter's no solicit policy actually is. For us it means we will not intentionally pursue employees of our clients for the purpose of engaging them in other employment opportunities.  In terms of placed candidates, same ethical rules and principles apply.  This however does not preclude recruiters from working with potential candidates of their clients completely.  An example is if a candidate that happens to be an employee of Client A solicits a recruiter or applies for a job ad directly. 

This sensitive issue is not only about company policy or industry protocol it is primarily about personal and business ethics to both the company and the candidate. In the end the recruiter knows if they have crossed a line and that the results will be costly; personally or professionally.

My best advice is to get clarity at the beginning of any recruiting partnership.  Ask your recruiter about their no solicit policy and their personal view on solicitation of candidates.