Candidates Bill of Rights
It often happens when you least expect
it. Out of the blue you receive a call from an executive search
firm, wanting to know if you might have an interest in a position
they are trying to fill for a client.
The opportunity seems promising, but you
do not know what to expect. What does the process entail? How
long will it take? What will the search firm expect from you?
Most important, what are your rights and obligations during
the process? As a potential search candidate, you are entitled
to ask these questions and to have them answered.
In retained executive search, consultants
endeavor to provide qualified candidates for clients who wish
to fill senior-level positions. Although contractual obligations
exist only between the search firm and client, search consultants
also build professional and ethical relationships with candidates,
whom they may remain in contact with over a period of years.
Members of the Association of Executive
Search Consultants (AESC), the worldwide professional organization
for retained executive search firms, subscribe to a code of
ethics that states that these relationships should be characterized
by honesty, objectivity, accuracy and respect for confidentiality.
Strict adherence to this code is a requirement for all AESC
members, who must also abide by all data privacy laws applicable
within their country.
Furthermore, AESC members believe that
the most successful executive searches involve a three-way partnership,
whereby the candidate, the search firm and the client fully
understand their rights, duties and obligations to each other
during the search process. As such, we believe that all search
candidates have a right to:
I. Confidentiality
When you become an executive search candidate,
you put yourself at a certain amount of risk with your current
employer. For that reason, you are entitled to the highest levels
of confidentiality from the search firm and the client organization.
To safeguard your confidentiality, the search consultant should:
Following a meeting to discuss your candidacy,
obtain your authorization before submitting your name and a
report on you to the client organization.
Upon your request, contact you directly
rather than through your assistant or anyone else in your current
company.
Not contact references provided by you
without your permission.
Not discuss your potential candidacy with
anyone outside the search firm, and ensure that all employees
of the firm abide by the same rules.
Caution the client to also safeguard your
confidentiality.
It is important to remember that you do not become a search
candidate until the consultant has conducted an initial evaluation
of your suitability for the position and you have expressed
an interest in it. If either of these two criteria are missing,
you cannot be considered a candidate for the position. However,
even if the position about which you are being contacted is
not right for you at the present time, you may still benefit
from conversations with search consultants by being kept up
to date with the market for your skills and experience. Candidates
not selected on one search may be selected on another.
II. Full Disclosure
In order to make the right decision, you
need to know as much as possible about the search firm you are
talking to, the position and the client organization. This ultimately
requires full and open disclosure regarding:
The nature and requirements of the position
The compensation package
Whether relocation is required
Pertinent information regarding the client
organization
Be aware, however, that during your first conversation, when
you are still being evaluated as a potential candidate for the
position, the search consultant is under no obligation to divulge
confidential information about the position or the client. Only
after you have been identified as a legitimate candidate should
you expect the consultant to disclose more than the most basic
information. Even then, there are times when certain information
about the client must remain confidential until the final stages
of the search process.
The search consultant should also make
clear whether he or she has been retained by the client to manage
the appointment in question. Retained executive search consultants
work under an exclusive contract with the client organization;
and thus have not only confidential access to the client on
that assignment but have their full and committed attention.
If the consultant fails to notify you of this important fact,
do not hesitate to ask.
III. Timely Communication
The completion of an executive search assignment
can often take several months, with many steps between initial
contact and the ultimate hiring of the successful candidate.
Once you become an active candidate, the search firm should
communicate with you in a timely manner at each and every step
of the process. This means proactively updating you on the progress
of the search as well as responding in a timely manner to any
inquiries initiated by you.
IV. Feedback
Based on his or her understanding of the
position and the client's needs, the search consultant should
give you an honest appraisal of where you seem to fit the opportunity
and where you do not seem to fit. If at any point in the process
the client decides not to proceed with your candidacy, the consultant
should provide as complete an explanation of the client's decision
as possible.
V. Professional Treatment
Search consultants are expected to comply
with all the employment laws that apply to the normal hiring
process. In addition, they should also demonstrate a high level
of professionalism with each and every candidate. Professional
treatment means that the search consultant:
Has a clear understanding of the position
and the client's expectations for it
Conducts an organized, well thought-out
interview
Shows up on time and well-prepared for
all appointments
Demonstrates in-depth knowledge of the
market and the client
Answers all your questions in an honest
and forthright manner
VI. Adequate Process Details
As a search candidate, you are entitled
to know what to expect as the process unfolds. For example,
what is the anticipated time frame for the first round of interviews?
If you make the first cut, what happens next? Most search consultants
will readily volunteer this kind of information. If they do
not, make a point to ask. In particular, be prepared at any
stage in the proceedings to ask:
How long will this take?
Who do I have to meet with before a decision is made?
What time frame is the client working on?
What is the next step?
VII. Respect for Your Time and Position
The search consultant understands that,
as a senior level executive, your current position demands your
full time and attention. When scheduling appointments and interviews,
the search consultant and the client should demonstrate the
utmost respect for your time, your position and your responsibilities
to your employer.
VIII. Consistency Between the Search Firm
and Their Client
The search consultant and the client should
always do their best to be on the same wavelength in terms of
the information they present to you. Keep in mind, however,
that while the search consultant represents the client organization,
they do not have complete control over the client's communication
with you during the process. If changes occur that contradict
the information given to you by the consultant, you should ask
for clarification.
IX. No Pressure
The best executive search placements happen
when the candidate has the time to make a measured, well-thought
out decision. For this reason, the search consultant should
never try to hurry your decision or put undue pressure on you
to accept an offer. However, the consultant should keep you
informed of any deadlines imposed by the client and the implications
for not making a decision prior to those deadlines.
X. A Trusting Relationship
If the search consultant conducts him or
herself in a manner befitting these guiding principles, you
should naturally develop an open and trusting relationship.
Conversely, if for any reason you do not feel you can trust
the search consultant or the client, you would be well served
to withdraw from the process. Keep in mind that the best search
consultants strive for more than just filling the position for
their client; they want to help you make the best decision for
you, your family and your career.
Concluding the Search
If the client decides to hire you to fill
the position, you have arrived at one of the most important
stages of the search process: negotiation of your employment
agreement. This can involve highly sensitive issues in which
the search consultant can play a crucial role of intermediary
to ensure open and effective communication between client and
candidate. Use this 'honest broker' channel of communication
to candidly express any concerns or special requirements that
you may have on terms and conditions.
When the search process is completed and
you have signed on the dotted line, some search consultants
will stay in touch with you for three to six months to make
sure that your transition into the new position is a success.
Feel free to contact your consultant with major concerns that
arise. He or she may well be able to help sort out problems,
and diplomatic intervention by the search consultant will normally
not be resented by the client. However, search consultants are
not professional coaches, and thus their role here may be limited.
If your candidacy does not result in a
hire, most consultants will want to keep you in their pool of
candidates for future assignments. They may contact you from
time to time to maintain the relationship and keep you appraised
of any upcoming assignments. They may also use you as a resource
to help identify candidates for assignments that are not a good
fit for you. If you developed a good relationship with the search
consultant, you may want to take your own steps to maintain
the relationship as well.
Regardless of the outcome of the search,
the consultant may not use your name or the results of the search
as testimonials without your permission.
Putting Your Best Foot Forward
The executive search process is not a one-way
street. Although you have a right to expect courteous, professional
treatment from the search consultant and the client, there are
a number of things you can do to facilitate the process and
advance your standing.
Be honest. Under no circumstances should
you inflate your resume, misrepresent your work history or "hold
some cards back." Also, be genuine about your interest
(or lack of) in the position. Complete and accurate disclosure
by the candidate is an essential element in the search process.
Be flexible. Make every effort to fit
appointments and interviews within your schedule.
Educate yourself. Conduct your own due
diligence on the search firm and the client organization, and
understand the unique value of retained executive search consulting.
Have realistic expectations. Understand
that the process takes time and that you will be one of several
qualified candidates.
Negotiate in good faith. Do not lead search
consultants to believe you are negotiating only with them if
you are considering offers from more than one organization.
Above all, do not think you have a "done deal" just
because you develop a close relationship with the search consultant.
Remember that the consultant's job is to present several qualified
candidates to the client, and it is the client who makes the
ultimate decision.
Making the Connection
How do you get on the "radar screen"
of leading search firms around the world? One of the best ways
is to register with Blue Steps, a service of the Association
of Executive Search Consultants. Doing so will raise your visibility
with the most appropriate search firms in an efficient, economical
and confidential manner. It will also ensure that any search
firms who contact you from the BlueSteps global database subscribe
to the highest ethics and standards as put forth by the AESC.
The more you know about the executive search
process, the better you can position yourself should you become
an executive search candidate. In the meantime, remember that
the most successful executive searches involve those where you,
the search consultant and the client know your rights and obligations
within the search process and adhere to the highest standards
of professional and ethical conduct.
AESC© 2002
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