There’s one job-seeking skill that is often overlooked, and yet it sets the stage for whether you even have the chance to demonstrate all your other skills.

The first personal contact in your job search may come through a phone call on your part to schedule an interview with someone in HR or to line up an informational meeting. How you handle yourself on the phone can make or break your chances to get to the next step.

Here are five tips to get you started on the right foot:

1. When to call. Just what is the best time of day to call? Certainly you don’t want to interrupt someone when they are in the middle of their workday. Likewise hitting them up first thing in the morning may catch them before they are ready to consider your request. No, the best time to call is between 11:30 and noon. Meetings have drawn to a close, and lunch hasn’t yet started, but your contact is starting to get mentally prepared for a break. An alternative time to call is after 4:00 PM as the day winds down.
2. Have the right attitude. People notice your tone and they will form a mental picture of you from the quality of your voice. To project a good attitude, employ this trick: Smile before you start talking and then keep a friendly upbeat tone while you are speaking. Even if the person you wish to speak to has been difficult to reach and scarcely acknowledged you when you got through, make sure you stay positive and engaged. Remember to be cognizant of the person’s time, so be direct, brief, and courteous.
3. Think of voice mail as your friend. Getting by a gatekeeper can be difficult. If that seems to be the case, consider calling your contact early in the morning, before work hours, so you can go directly to voice mail and leave a message.
4. The call-screener. If you do encounter the gatekeeper, be careful about being overly friendly in an attempt to sweet-talk your way past him or her. Likewise, being too aggressive can boomerang on your attempts to get through. Let them know you are aware the person you want to talk to is busy and then ask when would be a convenient time for you to call back.
5. The person in charge of hiring. Now that you’ve gotten through to your contact, be efficient: introduce yourself, say who suggested you call, offer a brief description of your relevant experience and your current job (if applicable) and explain you are interested in learning about openings. Offer to send a resume and cover letter. And finally be sure to say “Thank you”.

Congratulations on landing a Skype interview! A Skype interview is an interview conducted using a computer. Your computer would need special software (like Skype) to be able to connect with another party and your image would be projected on their computer screen. Additionally, your voice is also transmitted to the other party. This type of interview is often used to save time and money, especially when there is significant distance between a candidate and the company’s location.

An online video interview is just as important as an in-person interview. You should dress as if you were interviewing at the company’s location. You also should dress professionally from head to toe. Often candidates believe they should only dress professionally from the waist up. This is not the case. You might need to stand up to adjust your webcam. You don’t want to be worrying about your outfit.

A few other tips for online video phone interviews:

1. Do a technology check before the day of the interview. Test your connection with a friend. Sometimes a slow connection causes awkward pauses and lags in the conversation. You don’t want to be concerned about your connectivity during your interview. Exchange phone numbers and contact info before the interview just in case there are any unforeseen glitches. Make sure that you have a phone handy during the planned interview time. Part of your technology check should be testing how an outfit plays on the screen. A loud pattern may be distracting. A bold necklace might cause unnecessary glare.
2. Make sure that your Skype profile is a professional one. Skype requires users to select a user name and a profile photo. Both the user name and the profile photo should be appropriate and professional.
3. Eliminate distractions. Silence your phone. Crate your dog. Make sure that your background is professional and does not include an unmade bed or dirty dishes in your kitchen sink. If you are planning to schedule this interview at work, be careful. A private lockable office would be a good choice for a location.
4. Remember to focus on the camera, not on the image on your computer screen. Practice this before your interview.
5. Prepare! Just like for an in-person interview, prepare! Don’t minimize the importance of this interview.

Make no mistake about it. At every stage of the job search process from initial inquiry and application to final interview, everything you do, say and write will be judged not only on its own but also as it stacks up against the other applicants.

Certainly your job skills and experience matter, but how you present yourself in person is equally important. Remember, it’s not how you see yourself, it’s how the decision makers assess you in comparison to the others in the hunt that will determine your success.

None of the advice I’m about to offer is rocket science. You’ve undoubtedly heard it all before. Yet, in spite of that fact, over the years I’ve been amazed at how many people showed up for a job interview with me who failed to groom themselves appropriately.

To ensure you compete equally or, better yet, stand out from the crowd, here’s a personal grooming checklist. Take action on each of these tips, so the decision maker has the best opinion of you.

• Hair. Men, make sure you have visited a barber or hair salon recently. And “hair” also means eyebrows trimmed, neck hair shaved, nose hairs removed, facial hair groomed. Women, think professional rather than sexy for your hairstyle, and deal with unwanted facial hair with bleaching, tweezing, or waxing as necessary.
• Odor. Body odor is an immediate turn off, so be sure to clean up—that means soap and water. Use deodorant, but nix any cologne, perfume, or scented aftershave. It also means attacking any bad breath issues by brushing your teeth and enjoying a breath mint before you arrive.
• Clothes. If you dress one notch up from the norm for the job you’re applying for, you’ll look appropriate and as if you belong. Be sure your clothes are ironed, clean, stain-free, and odor-free.
• Footwear. If you’re applying for an office job, leave the sneakers at home. Men, wear dark socks and make sure they are long enough so your calf doesn’t show if you cross your leg. Shoes should be polished. Women, comfortable pumps are your best bet, and nylons will complete a professional look.
• Hands. Clean hands and trimmed and clean fingernails are a must. Just before you arrive rub in a dab of hand sanitizer—a considerate thing to do for yourself and the people you are meeting.
• Posture. Stand up straight; it shows you are a confident person. Hunching indicates you are unsure of yourself. Similarly, sit up straight and lean forward to look engaged and interested. Don’t fidget.

Final advice: Your attitude going into the interview matters. Remember: You want the decision-maker to see you as a professional, and as the best fit of all the candidates to work at and represent her company.

Q: How do you know if you got the job when you go to an interview? Many times I go to an interview and is well qualified for the job but don’t get it.

A: Great question but unfortunately there are probably many reasons why a candidate does not receive an offer after feeling an interview went well. Some of the possible reasons include:
- Several strong candidates were interviewed. For some reason, another candidate was selected. Especially since 2008, there have been fewer opportunities available. When an opportunity does become available, many candidates apply. Sometimes these candidates are overqualified or beyond what the company even expected from the candidate pool. I have had several clients share with me that they feel like they could have offered the job to any one of the final candidates because all were qualified and capable.
- The opportunity no longer exists. It is uncommon, but sometimes an open position is put on hold and the company is no longer actively recruiting for the role.
- Sometimes an internal employee is moved into the vacant position.
- Often HR or the hiring manager does not want to give candid feedback to candidates who are rejected. A candidate can sometimes become angry, hostile or downright nasty if you give them candid feedback. Or a candidate can be argumentative about the reasons for not selecting.
- Sometimes a candidate’s skills, background, qualifications or compensation expectations are not on target for the role. Interviewers can sometimes learn a lot during the hiring process. A hiring manager might think that 7-10 years of experience is required in the early stages of the recruitment process. Yet when the hiring manager interviews a candidate with 5 years of experience, the hiring manager now thinks that candidates with fewer years of experience should be considered.
- Or you might think that you aced the interview, but the recruiter would not share your assessment.

The good news is that with each interview, your interviewing skills should be improving. You should feel more relaxed and confident when meeting with recruiters, HR or hiring managers.

Q: I recently had an interesting issue come up with a recruiter. A recruiter claimed that there is a new MA state law that requires all employers to verify the current/previous salary of all new hires. He claimed that this is to ensure people get a "fair" salary. I did some research online and found nothing. I have a strong feeling that this is just a negotiation tactic used by some recruiters to probe for low salaries. Does such a law exist?

A: You have good instincts! As of this writing, there is no Massachusetts law which requires employers to verify the current or previous salary of an applicant in order to ensure that the applicant receives a “fair” salary in his or her new position (or for any other reason). However, many prospective employers can lawfully ask applicants to provide their salary histories and may seek to verify that information directly with the applicants’ prior employers, through independent research or hiring a third party to conduct a background check. A background check could include verifying a candidate’s salary history, educational records, credit history or criminal history.

I consulted Jeffrey Dretler, a partner in the Employment Law Group at Prince Lobel Tye LLP. Dretler offers, “When an employer engages a third party to gather this type of information, the inquiry is governed by the federal Fair Credit Reporting Act and requires the employer to obtain the applicant’s advanced written authorization. If the employer contemplates making or does make a decision not to hire the applicant based on information contained in what is referred to as a ‘consumer report,’ the employer must provide the applicant with a copy of the report, notice of his or her rights, and a reasonable opportunity to explain or correct any errors in the report.”

Dealing with a candidate’s compensation can be a challenge. As a candidate, you can choose to not share your salary history with a recruiter. However, if you do respond with false information and the employer later discovers that you intentionally supplied false information, your sharing of false information could constitute grounds for termination of employment.

You have touched upon an issue that has attracted a bit of attention recently, which is the balance between an employer’s interest in screening prospective candidates and the candidates’ right to privacy. For example, some employers are requesting applicants share their passwords or log-in information to social networking websites such as Facebook or LinkedIn in order screen the applicants’ connections or conduct. Dretler warns, “Employers should think twice before adopting such practices. Maryland recently became the first state in the country to make such an inquiry illegal and similar legislation has been proposed in Massachusetts. Even without specific legislation, such a practice could constitute a violation of the candidate’s statutorily protected right to privacy, although no Massachusetts court has yet ruled on the issue.”

Q: I have a daughter who is a high school senior. Her guidance counselor often posts your column on the bulletin board outside of his office door to encourage “good choices.”

Also, do colleges check these pages?

A: You are smart to check your daughter’s online profile. Although Facebook is a wonderful social media tool for connecting with others, it can have a darker side. First, beyond the job hunt, your daughter may be communicating information to online predators unknowingly. Talk with your daughter about what she discloses on Facebook. Less is often better.

Employers are increasingly checking online profiles, including Facebook. It is easy to do since accessing a Facebook profile takes seconds. It is important that your daughter’s privacy controls are in place. Employers are trying to gather all the information available on a candidate. If a candidate has several pictures of themselves at parties, drinking beer, etc., then a hiring representative might reconsider extending an offer to this candidate. Any hire is a risk and companies want to mitigate risks. According to Mike Astringer, Founder of Human Capital Consultants, “If a potential employer finds inappropriate material on a social media site chances are good they will use that information in a hiring decision.” A growing number of college admissions officers admit to checking applicants’ Facebook pages. Many feel since it is public domain, it is another piece of information available to them. It is a smart idea for students (and others!) to critically look at their Facebook pages and remove anything that is racier than PG-13. The main profile photo should be positive and professional. A high school graduation photo would be a good choice for your daughter.

In addition to removing salacious photos, all of us need to be aware that the negative comments could have repercussions (especially regarding a college or a prospective employer). Many of us are connecting with colleges and companies. Colleges and employers are able to read these comments and posts.

PS – I hope your daughter’s guidance counselor posts this column outside of his office door!

Q: I've been unemployed since last May. I have posted for many jobs, interviewed for some, and I usually hear I'm over-qualified for what they are looking for. How can I best over come this to land my next career move?

A: Your question mirrors several that we have received for this column over the past year or so. These are frustrating times for job seekers. Many employers are trying “to make due with less.” In short, they are trying to hire fewer employees, pay them less and still remain competitive. It is a difficult balance.

Here is what I can share. If you have been called in for interviews, your resume is probably in good shape. My advice:
1. Networking is incredibly important. Invite a former colleague for a cup of coffee. Schedule a quick chat with a neighbor who is connected. Never say no to an introduction.
2. Get on LinkedIn and expand your contacts. Join groups on LinkedIn. Join groups that are related to your career and/or your education.
3. Don’t spend your entire day at your PC. Attend a Meetup event. Join a networking group.
4. Consider re-writing your resume. Some job seekers have several different versions. If you have been receiving feedback that you are overqualified, consider only showcasing the last 10 or so years of experience on your resume. Try to keep it to one page.
5. Consider temporary, contract and consulting roles. These roles can often lead to full-time roles.
6. Make sure that you have a one-minute pitch about who you are as a candidate. Include your professional history and your career interests. This pitch should be succinct, authentic, enthusiastic and polished.
7. Thank everyone. Any contact who meets with you, send them a thank-you note or thank-you email. Be gracious and appreciative.
8. During networking events, dress for the job you want, not the job you last had.
9. Take care of yourself. Make sure that you are living a healthy and balanced life. Your appearance matters now probably more than ever.
10. Even if you have not received a job offer, leave every recruiter and hiring manager with a positive impression. They may call you for another role in the future. A thank-you note (even if you did NOT receive an offer) differentiates you in a very positive way.
11. Be reasonable about expectations, especially around compensation. You may have to re-set your expectations to get your foot back in the door.
12. Be resilient. Dust yourself off after a setback. Think about what you could have done differently.

Keep swinging. A door will open.

Q: Is it ok to contact an HR person you found on LinkedIn to ask for feedback as to why you didn't get an interview for a job you thought was a great fit? I found the guy on LinkedIn and he has his personal email address in his title. It's a very big company and they don't post HR contact info on their site. I feel like I'm stalking or being a pest, but feedback would be really helpful as I move forward with my job search. I'm in my 40s, looking for senior-level/mgr/director job.

A: LinkedIn is a powerful networking tool and can be helpful in a job search. It sounds from your question that you are not angry, hostile and irritated. (Well… maybe a little but it doesn’t sound like these emotions are dominating your thoughts.)
Feedback is often helpful as part of the selection process. Sometimes HR professionals are reluctant to share feedback for a number of reasons. Some candidates express the need for feedback and then when you share feedback, these candidates become defensive and even downright nasty. Some candidates began to re-sell their skills and experience to you when, in all honesty, it is too late. The offer has been extended and accepted.

In your situation, you need to be willing and open to feedback before you contact this HR person. You have to be prepared to receive feedback that may be mixed, with some positive feedback but also some negative feedback.

I think you can send him a request to connect on LinkedIn. If he accepts, his acceptance is an encouraging sign that he might be willing to engage in further dialogue. If he ignores your request, I would interpret that as a sign that he is less than enthusiastic about connecting with you on a post-interview basis.

I suppose you could email him too since he has publicized his personal email address on his LinkedIn title. However, if he didn’t share this email address during the interview process, I would be reluctant to use it.

If you do connect with him, be professional, gracious and thank him for re-connecting. He may keep you in mind for other opportunities or refer you to other HR professionals. It is a small world and you want to leave a good impression.

Q: I hear all this information about personal branding and branding yourself as a candidate. Branding is now a job search technique? Can you explain this to me?

A: Great question. I consulted Dan Schawbel, author of Me 2.0: 4 Steps to Building Your Future and Founder of Millennial Branding, to help me better answer your question. According to Schawbel, “Personal branding is about discovering what makes you special and unique in the marketplace and then communicating that, through multiple mediums, to the right people. By using your distinct personality, publishing content related to your expertise on blogs and social networks, and connecting with as many professionals as you can, you will have a leg up in the job search process. Think of the internet as the new global talent pool. It's not just about searching for a job anymore. It's about recruiters finding you on search engines and social networks based on the visibility you create from the content you publish. Nearly 90 percent of companies are recruiting on social networks and 64 percent have hired through a social network this year (source: Jobvite.com).”

According to Schawbel, you may want to create a "personal branding toolkit," which includes profiles on the main social networks (Facebook, Twitter, LinkedIn and Google+), in addition to your own website (yourfullname.com), and a business card. Schawbel recommends “constantly and prolifically communicate your brand through your networking profiles, events, forums, speaking engagements, and more.”

Schawbel and I agree on the importance of LinkedIn when it comes to launching a search for a new opportunity. A complete and robust LinkedIn profile is important. Growing your LinkedIn network is important too. LinkedIn is a good forum for sharing your expertise with others. There is an incredible amount of business intelligence shared on LinkedIn. Although LinkedIn is a powerful networking tool, it does not replace the old-fashioned in-person networking and relationship building. It is an incredibly helpful tool to connect (and re-connect) with contacts new and old.

Q: I am interviewing for a sales role for a medical device company. The company has asked me to fly out to their headquarters in southern California to meet with the VP of Sales and some of the other senior leaders. When we were discussing the possible travel dates and logistics, they said that they would need my exact name (not a problem) but also my date of birth. When I asked about the date of birth requirement, they said that this is a TSA regulations requirement. Isn’t it illegal to ask my date of birth at this stage of the interviewing process? Is the date of birth a valid TSA requirement?

A: You are right to be concerned about what you may be asked during the interview process. The law does limit, and in some cases, completely prohibit, an employer’s questions with respect to an applicant’s age, race, national origin, religion, disability, criminal history or other “protected class” status.

However, your situation is a bit different since traveling to the employer’s site was a required step in the interview process. I consulted Attorney Jeffrey A. Dretler, Partner of the Employment Law Group at Prince Lobel Tye LLP. Dretler confirmed my initial analysis. In short, the medical device company with whom you are interviewing has not violated the law if it requested your date of birth in order to make flight arrangements for you to travel to California to interview. Dretler explains, “The company is correct that the Transportation Security Administration (TSA) requires all airlines to collect the date of birth and other information from its passengers. If this candidate booked his or her own travel, then the company would not need this candidate’s date of birth for this purpose and very likely would not have any other valid grounds for requesting the applicant’s date of birth at this stage of the interview process.”

Since the company with whom you are interviewing appears to be asking for your date of birth in order to comply with federal law (i.e., TSA regulations), the inquiry appears to be permissible under both federal and Massachusetts law. If the company were not making travel arrangements for you, and still was inquiring about your age or other protected class status, you should ask the company why it is requesting that information. If it does not appear to you to be related to legitimate job qualifications, you may wish to consider contacting a competent attorney or seeking guidance from the Equal Employment Opportunity Commission or the Massachusetts Commission Against Discrimination.

Q: I'm looking into making a change after 15+ years in my current company. I now have over 20 years of experience and I'm looking to get into a VP/Director level position in my industry. Any recommendations on where/how to find the executive type positions, any recommendations on recruiter? I don't want to post my resume on a job site.

A: Congratulations on your tenure with your current company. It sounds like you have enjoyed a very stable employment history.

I know very little about you, your professional work history, your industry or educational background. In general though, I can share some broad recommendations for job seekers at your level.

- Network, network and then network even more. Networking still is the most successful job hunting technique. Most job seekers land new roles through a contact. This contact might be a former colleague, a neighbor or someone you met at your church or temple. Establish a networking goal. One contact per day? One contact every other day? Only you know how much time and energy you can invest in your job search.
- Update your resume. Make sure it is crisp, error-free and current (especially since you have worked for 15 plus years at the same company).
- Have professional references typed up and ready to share in a one-page document that looks and feels like your resume (same font, layout, etc.) Include email addresses, their relationship to you (i.e., former manager) and telephone numbers.
- Get active on LinkedIn. Connect with former co-workers, managers, supervisors, etc. LinkedIn doesn’t replace in-person networking but it is a helpful shortcut to connecting and re-connecting with others. Additionally, more and more companies are posting jobs on LinkedIn.
- Recruiters are best found through “word of mouth” referrals. Ask trusted colleagues, former co-workers. Make sure that the recruiter you work with has experience in your industry. This is increasingly important at your level of work experience. You should “kick the tires” before you engage a recruiter. You want to ensure this is a person that can work for your best interests, not just their best interests.
- Job boards are worth visiting but checking job boards should not be your sole job search technique.
- Think about ways to use social media in her job search. Twitter and Facebook are also ways to find out about opportunities.
- Professional associations related to your industry or profession are also worth exploring. Many have job posted on them regularly.

I agree with you that posting your resume on a job site is probably not a wise idea. Especially if you are currently employed, you will need to be professional and discreet in your search.

Q. A friend of the family was interested and qualified for a finance position at the company my wife works for, and he asked my wife if she could pass his resume to the recruiter at her company. Five months have passed and there has been no contact from the recruiter or the hiring manager. My wife has been brushed off when she inquires and the role is not filled as of today.

Our friend is frustrated, and my wife is embarrassed. She has asked me if this is how human resources departments work. This is one area where HR people are getting a bad name and they can control it. Will they? Jobs need filling and people need jobs.

A. Employee referrals can be a highly effective way for organizations to find the right people for the right jobs. In a good economy many companies use employee referral programs as an incentive to current employees who refer high quality candidates that will fit into the culture. In the current economy, some employers have decided not to keep these bonus programs in place, but that shouldn’t stop employees from making referrals, or companies from paying attention to the candidates employees refer to the organization.

One of the most effective ways to make an employee referral is through an email introduction. And it may not be too late for your wife to try to get some attention from HR in this way. She should send an email to the hiring manager, the recruiter and the vice president of human resources, attaching your friends resume. In the email, she can copy the job posting, and address the personal characteristics your friend has which would make him a strong candidate. She might decide to copy or blind copy your friend so that he is totally confident she has done her part.

She should also ask both of them to get back to her about their reaction to the candidate and what the next steps might be – only so she can get back to the candidate. If they understand she will take the responsibility for rejection, they might choose to get back to her. If they are interested, they will move forward. Copying the vice president of human resources make the referral more visible, and will help your wife in case she doesn’t get a response.

Also, I encourage your wife and anyone making a referral to visit their offices, or make a phone call to the manager, and the recruiter to find out what to say to the candidate. It should be easier than this, but when people have too much to do, as most human resources people do, even important tasks fall through the cracks.

Candidates need to know that urgency to fill a specific job often comes and goes as competing priorities move in. Keep steady pressure on all your efforts in the most positive way. Frustration is such a huge part of the job search, and finding ways to keep it our of your professional presentation is a must. Continue to utilize employee referrals as one more way to build a successful job search strategy.

Q:It has been a long time since I've had to look for a job, so the concept of the phone interview is new to me. If you have a phone interview scheduled and the person doesn't call, should I call them? How long past the scheduled time should I wait before I call?

A: Telephone interviews have certainly grown in terms of popularity as a hiring practice. It is a method of quickly screening candidates without either party having to tangle with the logistics of an in-person interview (e.g., weather, traffic, etc.).

Confirming a telephone interview in advance may eliminate some of the “who calls whom” confusion. If you don’t hear from an interviewer by the pre-agreed upon time, you should call them at a few minutes past the designated time.

Telephone interviews are as important as in-person interviews.

Some telephone interview tips:

1. Confirm the telephone interview in advance. Email works well for confirming a telephone interview. A sample email message:

Hi John, Thanks for inviting me to participate in the telephone interview for the role of Inside Sales Rep. As I recall, you had suggested that I call you at 10am on Tuesday, November 10th. I will plan on calling you at that time on 617-123-4567. In case you need it, the best number for me at that time is 508-123-4567. I look forward to hearing from you at that time.

2. If using a cell or cordless phone, make sure the reception is good. This is probably my biggest pet peeve with telephone interviews. I prefer using a non-cordless landline on my end. However, some candidates use a cell phone almost exclusively. This is fine. But please make sure the reception is good and that the phone has been charged. There is nothing more frustrating than a dropped call, a line that goes dead or a spotty connection.

3. Be prepared for the call. Your total focus should be on that call. You should not schedule a call for when you are food shopping or waiting for your oil change in a noisy auto repair garage.

4. Be as prepared for the call as you would be for an in-person interview. Have your resume with you. Research the company in advance.

5. Follow up after the call. Don’t leave the follow up hanging or else you won’t know expectations on next steps. For example: John, Thank you so much for taking the time today to talk to me about the Inside Sales Rep. role. When should I follow up? Do you prefer that I follow up by email or a phone call?

6. Stick close to email before and after the call. There are so many strong candidates who apply for every job. Email is probably the best vehicle for notifying candidates of next steps (or even a re-scheduled call). If you are not checking email at least every day (if not several times per day), you may be missing important information about the next steps in the process.

7. Send a thank you note/email after the call. It will make you memorable in a good way.

The selection process for a job starts before you walk into the company to interview for a job. Preparation is important. Think about how you can provide examples of how you have shown value in the past. Prepare a list of accomplishments, achievements, etc.

Finally, a company hires people to add value. Be ready to articulate what you can contribute.

Q: A friend of mine was placed at our firm through an employment agency. She is now looking for a new job and contacted the same agency to see if they can help her. This agency let our office manager know that she is looking for a new job. I find this to be completely inappropriate and somehow illegal. Is there anything that can be done?

A: The intricacies of working with an employment agency can be complicated. First, let's look at how an employment agency is paid. Pay or income can often drive behavior! An employment agency usually works for the company or the employer. Often times, the agency has a written agreement with an employer that details the working relationship. Usually, the employment agency is NOT working for the candidate, or your friend. Your employer most likely paid a fee to hire your friend.

Now, let's discuss your specific questions. Your friend was placed at your company by an employment agency. Your employer likely paid a significant fee to the agency after your employer hired her. The employment agency probably has a written agreement with your employer. Sometimes that written agreement specifies a period of time where their placements are guaranteed. That means if the employee leaves within a certain time period (30, 60, 90 or 180 days), the agency may need to either replace the new hire (sometimes for free) or refund the fee (a full or partial refund).

The agency wants to retain the business of your employer, first and foremost. They are hoping to place other employees there and make more money. Their allegiance is likely to the employer, not your friend.

A detail that you didn't mention but would have been helpful to know: did the agency tell your friend that they would need to inform your employer before agreeing to work with your friend again? Ethically, this is probably the best approach. Then your friend can decide whether she wants to work with that agency again (and also understand that her current employer would know about her search for a new job) or choose to pursue other avenues to find a new job.

From what you have shared, what the agency has done is probably not illegal but unethical, maybe. If the agency advised your friend that they would have to inform your employer of her job search and she had taken steps to re-engage the agency to help her with her search, then, I am less likely to view them as unethical. After all, your employer is their client. However, if the agency called your employer without first discussing this with your friend, then I would be more concerned about the ethics of this agency.

One other factor is the length of service of your friend. If your friend has been employed with your company for several years, then the agency could probably work with your friend without compromising their current relationship with your employer. Agencies can not guarantee that a candidate will remain employed with a client indefinitely.

Q. A friend of mine was placed at our firm through an employment agency. She decided she wanted to look for a new job, and she contacted the same agency to see if they can help her find a new job once more. This employment agency called our office manager and told her that my friend wanted to look for a new job. This seems to be unprofessional, completely inappropriate and somehow illegal. Is there anything that can be done?

A. Job search activity is most often considered confidential, especially if conducted in partnership with any kind of recruiting or placement agency. I am sure your friend is disappointed and angry that her career plans were shared with her manager by another party. I would guess that the manager is also not happy with your friend, which may influence her ability to stay at her current job while looking for a new opportunity.

You didn't say how long your friend has been on the job, and this may have influenced the agency employee to have a conversation with the office manager. Remember, agency fees are paid by the employer, not the employee, so the agency person may have acted out of loyalty to the client, the person who paid the fee.

Most agencies have a 90 day guarantee clause, meaning the company will get the placement fee they paid back, or a new placement completed at no charge, if the person doesn't stay 90 days. If your friend was going to leave within that time frame, the agency may have been concerned about filling the job again, for no fee.

Agencies also have "hands off" policies, which say that they agree not to solicit employees to leave a company where they have placed people. Again, the agency person may have been concerned that the office manager would think the agency approached your friend to try and get her to leave the company, fill a job they had, and earn another fee.

I am not trying to justify the actions taken by the agency. I am trying to make sure you, your friend, and other job seekers recognize how these things may happen, and how to develop ways to prevent issues negatively affecting your candidacy or your career.

Confidentiality is vital in the business world, and it is often taken for granted or in some instances not taken seriously. If you are currently in a job, you most likely do not want your current employer to know you are actively seeking a new opportunity. In any meeting with a placement professional, or a networking meeting, you can let people know you are conducting a "confidential search". This means that information about you in general can be disclosed, but not so much that you could be easily identified, and have your current role jeopardized.

It would be considered reasonable for you to ask any agency professional if they can work within the bounds of confidentiality. Listen carefully to the answer. If they feel they cannot keep information about you confidential and work with you as a candidate, you can make the decision to end any potential placement activity, or agree to avoid certain organizations or companies, or to take the risk. As much as you might like to expect confidentiality, don't - unless you bring up the topic.

At this point your friend can let the placement professional know how disappointed she is with the lack of confidentiality in her interaction, and her understanding that her employer would not be contacted. She may or may not get a reason for the inappropriate behavior. The legalities would be open to debate.

I would encourage your friend to have a conversation with the office manager to see how much the working relationship has been damaged, and how it can be repaired. Perhaps there are ways to improve the job, her role, and her current opportunities. If not, I'd recommend a new agency and starting off with a question about confidentiality.

Q: There is an article on the web saying unemployed people looking for jobs won’t be hired because companies only want to hire employed people. I’m unemployed, and I need a job. Is this true? What else can I do to make sure I can get hired?

A: There is an article circulating on the web titled “Out-of-work job applicants told unemployed need not apply”, by Chris Isidore. The message suggests organizations are only looking to hire people who are currently in jobs, and not active job seekers.

In recruiting terms, there are only two types of people – active candidates – those publically looking for jobs who may be employed or unemployed, and have gone public with their search activity; and passive candidates who are not actively seeking a new job but might consider a new opportunity if they were approached by a recruiter – and the offer was attractive enough.

Many recruiters do find that they have client companies who make this situation a reality. The client company will engage the recruiter in a search, and will say they don’t want unemployed candidates; they are only interested in considering the currently employed. This is a disheartening message to many job seekers, and a message which needs to be considered carefully. There have always been employers who are looking for employed candidates only, and I see fewer and fewer of those hiring criteria.

What’s important to point out here is that many of the experts quoted in the article are retained or contingency recruiters and jobs filled by recruiters only account for somewhere between 5 and 9% of job openings – depending on your source. With so many candidates available, companies choose to use recruiters for a few reasons, including having very specific criteria involving specialized skills which are most often not easily identified. They also choose to use recruiters with expertise who can sort through volumes of paper representing resumes of candidates eager to apply for a job they may not be ideally suited for. However, job openings are filled, more often than not, through non-recruiter methods.

Recruiters typically charge between 25 and 30% of the first year’s cash compensation for finding the successful candidate. Some companies believe that a recruiter only earns that fee by generating the research to identify perfect passive candidates, and to convince them to interview. They may find it hard to believe that the same research and the same influence needed to get a passive candidate to consider the opportunity is exactly what is used to source and recruit an active candidate. Recruiters work for the company paying the fee, and do want to make sure they are seen as adding value – value worthy of the fee. They may believe an active candidate is an “A” candidate, but if the company has discussed their passive requirement, recruiters will work to meet the company request.

So while this information is true for some jobs, some companies, and some recruiters, all data says the significant majority of jobs are filled through networking. You asked what you can do to increase your chances of finding work, and networking is the best solution to this challenge. Do not rely on search firms, job boards, or ads. All these methods of job search will play a part in your job search – but less than 25% of your time should be spent in all three of these areas with at least 75% dedicated to developing a strong, diverse, and supportive network.

Q. I know executive search firms use video to interview so they don’t have to travel, and more people are video chatting, and people work virtually, but I am having a hard time understanding the virtual job fair concept. I need a job so I’ll do what it takes but is this for real? I’m not so sure about the ads I read for people who will help you get a job. Tell me if this is “spam”.

A. You are right about technology encroaching on many aspects of the traditional job search, and not just from the candidate’s side. Using LinkedIn, twitter, Facebook, blogs, and job boards are now standard for hiring managers and the use of video interviews are no longer limited to retained search firms. They are used by human resource executives interested in expanding their pool of potential candidates.

The combination of all these technologies combined with companies seeking great candidates and job seekers looking for great jobs comprise a virtual job fair. These multi-media based recruitment platforms started with avatars representing the job seeker and the recruiter – not exactly at the level we see with today’s avatars. Many companies considered these a costly activity with a cost of hire was too high to make these events worth while.

There are a number of organizations. , like Career Builder, producing virtual career fairs. They are real, and each fair needs to be assessed based on the value they provide, the cost, and the amount of access to companies.

I asked Lindsay Stanton, Senior Vice President of Sales and Strategy for Job Search Television Network (JSTN) to explain more about the services. “A JSTN video virtual career fair is a video based event allowing company clients to use their Video Job Reports and Company Profiles and candidates to connect with the opportunities on a dynamic level and see an inside view of the organization.” Through the JSTN television network, channel 62 locally, strategic partnerships, and web advertising, JSTN attracts active and passive job seekers from recent college graduates to executives.

Lindsay also points out “We have partnered with colleges and universities around the country helping alumni access the services and we are partnered with disabledperson.com and JOFDAV.com (Job Opportunities for Disabled American Veterans).

At the virtual job fair, candidates can create a 20 second video introduction by using their web-cam for only $5.00. Recruiters can view these, chat live if they are interested, and save them to refer to after the event. During the live chat recruiters and candidates can interact by exchanging an application and resume. Candidates also have access to career consultants, and expert advice on the JSTN site and at the virtual job fair.

To register for JSTN’s next virtual career fair visit, http://www.myjstn.com/vcf/ad/keyston_partners

As a candidate, you need to be prepared to answer questions quickly, make a positive impression, and have a strong resume which you can speak to comfortably. Looking good on video and knowing what you want to highlight is also key. Professional attire is a must. I recommend practicing on your own video equipment if you have it! Video gives you the opportunity to make a great impression, or to land at the bottom of the pile. Develop these new job search skills to be the most effective candidate you can be.

Q. I've been a temp for a large non-profit organization for nearly 2 years. I have been promised a permanent position for the past 18 months, however the organization always comes up with a last minute excuse to why they can't hire me. I know times are tough with the economy, but this company lifted their hiring freeze about 6 months ago, and will be giving bonuses next month. I have recently been told that a position has been approved, but it is "with HR" while they create a title and grade. I've now been told that the potential hiring date may not be for another 3 months. I realize that I'm only a temp, but I've been here longer than some permanent employees.

A. Temporary positions can offer some great opportunities for people trying out different roles, or different industries. These roles are also very beneficial for employers. When the economy is rapidly changing, to cover peaks and valleys of work, or to cover employee leaves or absences, companies call on temporary workers. Some people take temp contracts on their own, while others work for temporary or contract agencies.

The good news is it seems clear that the non-profit organization needs the skills you have for the work that you do, and they value your performance. If these two points were not accurate, the role would have been eliminated and/or you would have not been given positive signals about an imminent offer.

What is hard to determine, is how the economic situation has impacted the organization and how it continues to do so which is when most organizations are slow to add staff.

Your organization is exhibiting signs of recovery. The end of a hiring freeze typically indicates a greater need for staff and an improved cash flow. The plans to offer bonuses also show a commitment to staff and an improved cash flow. Can you see a theme? The cash flow plays a significant issue as an organization makes a decision whether or not to add to "permanent" head count.

Many temps find it frustrating to try and asses their status. If you believe your manager, human resources and the organization are acting in good faith regarding changing your role to a permanent position, you can continue to stay close to the process. Meet with your manager to make sure there are no performance issues. Make sure your frustration doesn't show. The manager may be just as frustrated and your goal is to be part of the solution, not the problem.

You can also continue conversations with human resources so that you understand what they need to do as they create the job description, title, pay grade and benefits package for the role, and which circumstances might cause any additional delays. The change probably comes with the addition of health care and other benefits which is an added cost to the employer, which can also slow the decision to add to head count.

If you do not believe your employer is acting in good faith in their discussions about moving you into a permanent position you may decide to leave the temping to others and accept only full time offers that provide all you are looking for.

Q: I brought a complaint against my supervisor. The complaint was about a verbal warning she had given me based on a conversation she said she had with another co-worker. I found out who the co-worker was, asked about the conversation, and we discovered that my supervisor had lied, hence the complaint. The HR rep got involved and said she would talk to the president of the company and would work on getting me under someone else's supervision. I thought everything was ok - I was meeting with HR weekly at her request until the matter was resolved. Then, exactly a month after I filed the complaint, I was fired for allegedly sharing salary information with other employees. I was stunned and asked who had made the allegation so I could confront my accusers. The HR rep said I had gone to my supervisor with this info. In reality, she had come to me a few months before the complaint griping how a colleague was getting more perks than her. I commiserated with her and that was that. When I told the HR rep this, she said it didn't matter, that she had proof of me talking to other employees about salaries. I asked to see this proof and she said no, that she didn't want to talk about it. Is it legal to get fired for a specific reason and not be allowed to see the supposed proof that led to the firing? I really feel I've been retaliated against because of the complaint.

A: Maintaining relationships at work can be a challenge, particularly as people feel more stress in environments where they may be short staffed. Human resources staff most often help to resolve issues between employees and remind people the work at hand is the focus. Working with colleagues in a professional manner doesn’t mean you need to be best friends, and working toward a positive resolution of issues is typically the best course.

As this is not always the case, being able to review the situation objectively is vital. Documentation of personnel issues is a complex legal issue, and I consulted Attorney David Conforto, founder of Conforto Law Group, P.C. a Boston-based boutique firm concentrating in all aspects of employment law and dedicated to the representation of employees.

Attorney Conforto explains “If your employer relied on certain documents in terminating your employment, you may be entitled to access these materials. All Massachusetts employers with 20 or more employees are required to maintain a “personnel record” for all employees. A personnel record consists of documents that affect an employee’s “qualification for employment” and must be produced within 5 business days after an employee makes such a request.”

The statute details a list of documents that must be included as part of an employee’s personnel record, which includes: “all employee performance evaluations, including but not limited to, employee evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other documents relating to disciplinary action regarding the employee.

Not every HR person, or employer is aware of these obligations under the “personnel record” statute. Some employers, for example, will simply produce documents maintained in a physical file merely labeled as your personnel file. The “personnel record” statute requires much more than that. When you request your file, be sure detail the list of documents to which you are entitled. When situations at work become this complicated you should make your request to HR in writing, and an email is acceptable.

The bigger question concerns why you were terminated. Think hard about what may have motivated your supervisor to fabricate information about you. Was your verbal warning documented? In your weekly meetings were you discussing improved performance needed? Were any of these conversations documented?

If you believe that your supervisor singled you out based on your status within a protected categories, (under the Massachusetts Fair Employment Practices Act prohibits workplace discrimination based on race, color, religious creed, national origin, sex, sexual orientation, disability, and age if you are 40 years old or above), you may have a claim against the company and him or her individually. Based on the limited information you provided, Attorney Conforto concludes the reason for your termination appears questionable at best.

Q. I am trying to be thorough in my job search and have prepared different versions of my resume to address the potential needs in a few different roles. I have been told I have exceptional experience and academic credentials, and I believe I could realistically pursue several career tracks. How would you suggest I market myself to retained search firms? Many firms today have a place on their website where you can upload your resume to be considered as a candidate for positions for which they are sourcing candidates. Since I have different versions of my resume targeted to different industries and/or positions, how do I approach them with the best chance of getting a response?

A. Retained search professionals are seeing the market for their services improve, and after a dismal 2009, first quarter of 2010 offers a promising outlook for the rest of the year. Many job seekers have been overlooking these resources, and your efforts with these recruiters are much likely to pay off.

For an insiders look into how to successfully access retained forms, I consulted with Joe McCabe, Vice Chairman of CT Partners (formerly Christian and Timbers). Joe offers two suggestions when approaching retained search firms. First, get your “generic” resume in the firm's database by applying online to give you access to everyone throughout the firm.

Also, research the consultants on the firm's website to see which ones have a search practice most closely aligned with your career experience. Send that slightly tailored version of your resume to the most relevant consultant first. So if you have financials services experience than send that version to the consultant who handles that vertical market. McCabe cautions that the content should be fundamentally the same with different highlights, but it must not contain any inconsistencies in the core content.

Often people with multiple resumes consider various formats. Most retained search professionals prefer the traditional layout of Company, Title, and dates employed, as opposed to resumes challenging the reader to identify where responsibilities were performed or when someone worked at a particular organization.

Retained firms, and contingency firms as well, have functional or industry specialties and if your areas of expertise do not fall into those areas there will not be a response to your unsolicited emails or calls. Focus on accessing firms who are looking for people with your area of expertise. Remember the firms do not need to be local to the area of your search. A west coast firm may be doing an east coast search, or the reverse. And only one retained firms has an individual search.

If you are right for a job, search people will be eager to talk to you. If they do not think they can present you to a company they will not meet to network, or to hear why you want to make a career change into the role, or industry. I say this because job seekers often forget what search specialists are responsible for finding the right candidate for a company not the other way around. They are compensated by the hiring companies so they will always remain priority for them, not the job seeker. Remembering these hard facts will hopefully make some of the rejection that comes easier to handle.

A. I am in a good job which I have had for the last five years.  I finished my MBA, and started looking about a year ago.  I really want the right next job, and have been working with recruiters, networking, and doing lots of research.  I am hoping you can provide me with some sage career advice.  I have been very interested in a specific company; they aren’t the market leader but they are a good firm.  I was able to get an interview, and was finally offered the role. I am now playing the negotiating game with them in regards to the compensation plan.  I have a number in mind that is almost 10% higher than what they are offering me and I am attempting to get one additional week of vacation. After speaking with the HR recruiter it appears they are not willing to budge off the initial offer, and she made it clear I was annoying to have even raised the issue.

Do you have any advice as to how I can negotiate my comp plan with people who seem unwilling to move off a number? Their excuse to me as to why they would not go higher was peer equity. She asked me how I would feel if I knew someone doing the same job as me was making $10K more. Does the recruiter think we all don’t know it happens all the time?

A.  Congratulations on getting the offer!   It sounds like you have been doing a great job in the job search process, and have a thoughtful approach regarding advancing your career.  Getting an advanced degree during the last few years will serve you well over the long term if it hasn’t started to pay off already.  Many job seekers report they have been waiting out at least the last 12 if not 24 months so that the market would change before they embarked on a job search.  Taking advantage of this time by going back to school and pushing to gather additional experience will help all job seekers as the market improves. 

The most effective negotiation begins before you even interview.  You had a compensation number in mind, and the amount of vacation time you hoped to be offered.  Hopefully, these goals were based on actual industry, market, and specific company research.  Company specific research can provide information about why they would be inclined to make you an offer.  Which skills do they need most?  What value do you bring that exceeds any other candidate?  Your goal is to help each person interviewing you see the added value you bring to the organization.  If you are working with a recruiter, make sure to debrief and gather information on what the company representatives like, and what they saw lacking and wanted to see more off.  Use this data!

If you are not working with a recruiter, make sure to note the areas managers highlighted.  You really need to push your value to the organization as you try to negotiate the financial part of your package.  You can start your negotiation discussion with human resources to negotiate, and I encourage you to talk directly to the hiring manager. The person, who wants you most, will most often show the most flexibility.  Make sure all these conversations are professional, and far from `annoying.

You might offer to meet halfway between their offer and what you want.  You can also consider a financial review at the 6 month mark.  Another strategy is to show how little per pay period the compensation difference is for them, and what a difference it makes to you. You might also tell them that small amount is the only thing standing between an acceptance and they will reap the value in less time than they anticipate. 

If this doesn’t work, you make the hard decision of whether to accept or not.  There needs to be a reason for you to leave the good job you are in, and advancement and compensation need to be prioritized every time you get an offer.

Q. My job search is now coming on 5 months, and I don’t understand where the offers are. I am doing what everyone says, I network, I use the job boards, I have as good resume, I am told I interview well. The big bases are covered. Everyone can improve something (I do know that) but am I doing anything wrong or is this just how it is?

A. The job search in this market can be a frustrating, challenging process. Everything you do in this public forum does matter. Each interaction counts, and how you present to every person becomes part of your story. People do talk about candidates within companies and between companies, and you want to make sure what your story is represents you as positive, professional, and an asset to any organization.

We know of situations where people have lost offers for being rude to receptionists, condescending to wait staff at lunch interviews, or because their etiquette was lacking. We know people who ask for a networking meeting and then don’t offer to pay for coffee or lunch. We can start a collection of worst behaviors exhibited by job seekers – feel free to send me your examples and experiences. There are many stories about people who hurt their candidacy by ignoring what they think are the little things, and when it is an employers market, the little things add up.

I’m not saying this is the case for you. The job search does take months and you need to use all methods, and probably with a lot more diligence than most people expect. The challenge is each of these many activities needs to be completed effectively, leaving a positive impression with each person you reach.

You have the big bases covered, so let’s review the “little things”.

Q. My daughter recently interviewed with a placement agency for non-profit jobs. They requested two photo IDs and suggested a passport. My daughter asked why they would want a passport and was told they use it for the agency's employment records since she would be placed and paid by the agency. She brought the passport with her and they made a photocopy. She gave other identifying information on the application, including her social security number. I've never heard of an agency requesting or photocopying a passport and was uneasy with this request. Is there anything to be concerned about?

A.Protecting your identity is a valid concern, and proceeding with caution any time you are asked to produce this type of information is a good course of action. This is an example where it is a necessity to provide the requested documents.

Your daughter and all new employees will be asked to complete a Form I-9, Employment Eligibility Form, a document from the Department of Homeland Security and US Citizenship and Immigration Services. The purpose of the form, as stated on the I-9 is "to document that each new employee (both citizen and non-citizen) hired after November 6, 1986 is authorized to work in the United States."

Employees need to produce documents that establish both identity and employment eligibility.

Q: What is your opinion about recruiters? Is it worth the effort to hook up with several of them?

A: When looking for a job I recommended that you reach out to as many sources as possible. A multi-pronged, multi-layered, multimedia approach is best. That, of course, includes recruiters.

Q. I have an issue with sites like Monster, Job Find, and Dice. I've noticed more and more "spam” jobs from "recruiters" that don't actually have real positions. How do you suggest a search that filters them out?

A. I'm not sure if your question is really about creating filters, or dealing with feeling mislead, or not being able to access recruiters. Every economy brings out different behaviors in job seekers, and recruiters. Recognizing the economic situation can be easy; following how people work and why might be a bit more challenging, but "following the buck" is often a good place to start.

Reputable recruiters do not post fake jobs. The practice of harvesting resumes to develop a database is frowned upon by the industry.