October 2010   Vol. 5 No. 9
 
IN THIS ISSUE:
 

If you're thinking about (or already have) a non-solicitation or poaching agreement with some of your competitors, think again.

Just weeks ago, the U.S. Justice Department ruled against Google, Apple, Adobe Systems, Intel, Intuit, and Disney's Pixar for agreeing not to poach each other's top employees. The Justice Department complaint stated that such agreements were formed and actively managed by senior executives of these companies; and, are a violation of antitrust laws.

 Why? Because agreeing not to hire away top talent could stifle competition for highly skilled workers and hold down wages.

The object of "talent poachers" (I'd rather call them hiring managers or recruiters) is to provide their organizations and clients with the best talent, and, much like an endangered species, there just isn't enough top talent to go around. Even in the current economy.

So like it or not, in the global hunt for talent, poaching is not only common, it's perfectly legal.

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Les Gore

Poaching: Stalking The Passive Candidate
Passive or active candidates: Who makes the better employee?

stalking passive candidate

Funny thing, in my more than 25 years of being an executive recruiter, I never minded being called a "headhunter." But I really dislike the term "poaching," a word associated with illegal hunting. It's a one-sided, hypocritical description of the talent acquisition process.

 If you're the poacher - the company looking for talent - targeting the "passive" candidates among your competitors- it's okay; but if you're on the receiving end and people in your organization decide to leave (and by the way, no one ever holds a "gun to their heads"), then it becomes an unethical practice. (But not as bad as stealing someone's baby sitter.)

There is a certain mystique surrounding the "passive" candidate: the individual who is happy, not currently seeking a new employment opportunity, working away in your competitor's building, difficult to find, and even more difficult to contact. In fact, many hiring managers and executive recruiters believe they are far superior, make better employees than "active" candidates - the ones actively seeking new employment opportunities. Or maybe it's about wanting what you can't have. But don't beat yourself up. There's no guarantee you'll always get a better employee when you hire a passive candidate.

But before you decide to poach (steal, lift out, lure away, entice, recruit) or not to poach, know the advantages and disadvantages of the active and passive candidate, and what each has to offer.


Active and Passive Candidates: Which Is Better?

ACTIVE JOB SEEKERS

Advantages
  • Quality candidates can be active candidates, too.
  • There is no question about their interest level.
  • Flexible. Eager to make themselves readily available to interview and join the team.
  • May be more willing to negotiate on salary and benefits because they are motivated to find a new opportunity.
Disadvantages
  • They may be desperate to leave their current job, or if they are unemployed, to find a new opportunity, therefore, they may jump at the wrong opportunity.
  • Sometimes active candidates who are unemployed are that way for a reason.
  • Active candidates may apply in droves and many may not be qualified.
  • Because they are active, they may be off the market quickly.

PASSIVE JOB SEEKERS

Advantages
  • May find quality candidates who would not have come to light otherwise.
  • May identify quality candidates that no one else has contacted.
  • May be the best source for candidates with difficult to find or unique skill sets or experience.
  • Will tend to be more selective about finding the right position and not jump at just anything.
Disadvantages
  • The process of finding quality passive candidates and changing them into active ones can be very time consuming and not net the desired end results.
  • May be more likely to back out once into the recruiting process.
  • Longevity with a company may result in higher expectations and demands; therefore, it is very important to determine what will entice them to move to a new organization.

Since finding the best candidate should be your ultimate goal, it really doesn't matter whether a candidate is actively looking for a new opportunity or not. Except that people will always have their preferences.

In the meantime, a new trend appears to have emerged over the last few years: the actively passive candidate. This group of individuals, while not actively seeking an immediate opportunity, keeps their eyes and ears open and try to be aware of what's going on in the market. I often come across these active-passives who have their profiles posted on social and business networking sites like LinkedIn, saying they'd be interested in hearing about "career opportunities." They also post their resumes on online job sites just to test the waters, selectively choosing whether or not to respond to any contact.

The challenge with this group is that it's not only hard to determine whether there is any real interest, but it can also be  frustrating when trying to follow up. However, given the right opportunity, the actively passive candidate is more likely to make a move than the passive one.

So whether you go after and hire active, passive, or actively passive candidates, the ultimate goal should be finding the right person to do the job. And review your own development, promotion and retention programs. They just might keep the illegal hunters away.


This material is provided as general information only and does not constitute and is not a substitute for legal or other professional advice.


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Recent Issues

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How To Improve Performance: Break The Rules
(September 2010)

Managing Passive-Aggressive People
(July-August 2010)

Are You Afraid To Take A Vacation?
(June 2010)


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aboutUs About Les Gore
Les Gore, founder and managing partner of Boston-based Executive Search International has more than 25 years of recruiting, career development and
human capital experience, working with individuals and organizations ranging from multinational corporations to small, entrepreneurial businesses.

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