NATION-WIDE INVALIDATING & BANNING OF NON-COMPETE AGREEMENTS TO TAKE EFFECT SEPTEMBER 4, 2024

The September 4, 2024 effective date of the Federal Trade Commission’s rule that would essentially INVALIDATE ALL PRE-EXISTING U.S. NON-COMPETE AGREEMENTS & BAN FUTURE ONES is rapidly approaching. It will take effect UNLESS one of the following occurs:

  • A nationwide injunction of the rule being issued

      or

  • The FTC voluntarily agreeing to delay the effective date while the legal process plays out
    • Several states (including PA, TX & FL) have challenged the FTC’s authority to issue this rule. 

SUGGESTED STEPS

Here are some suggested next steps U.S. businesses may want to consider taking between now & September 4th:

  1. Identify & assess what non-compete agreements the company currently has with its workers.
  2. Review related documents, including:
    • Restrictive covenant agreements
    • Executive employment agreements
    • Offer letters
    • Separation agreements
    • Employee handbooks
    • HR policies
    • Equity-related agreements
  3. Determine whether any workers subject to a non-compete agreement are or might be considered “senior executives” as defined by the FTC in its rule.
    • The rule makes an exception for senior executives with non-competes that were in place prior to September 4, 2024.
    • After that date there is NO EXCEPTION for existing or new senior executives.
    • NOTE: The FTC’s commentary cautions that “mere job title alone is insufficient”. The FTC takes the position that “senior executives are relatively few in number”.
  4. Prepare a template notice regarding pre-existing non-compete agreements (except for those with senior executives) in which it clearly informs affected individuals that their non-compete is no longer in effect.
    • The FTC rule requires that, for all pre-existing non-compete agreements (except for pre-existing non-competes with senior executives) the employer must provide “clear and conspicuous notice to the worker,” BY THE RULE’S EFFECTIVE DATE.
      • Obviously, this is a potential predicament for employers in that if after September 4th a court concludes that the rule is unconstitutional & should never have taken effect.
    • The FTC has created & made available a template in multiple languages.

Author: Salvatore LoDico, SPHR

  The HR Godfather TM 

  CEO, Trinity HR Consulting, Inc

Trinity HR provides retained searches and a full range of other HR management consulting services & solutions with clients throughout the U.S. Our clients:

  • Range from large public corporations to start-ups & small family-owned businesses
  • Include both for-profit and not-for-profit organizations.

To schedule a no cost, no obligation conversation about your needs & how our Team’s expertise can help you, email me at SalLoDico@TrinityHR.net or call me at 856.905.1762.

YOU HAVE HR QUESTIONS…TRINITY HAS ANSWERS!

Posted in HR Legal & Compliance

ORGANIZATIONAL CULTURE, PART #1

BACKGROUND

Culture is one of those business terms that organizations talked about often – regardless of such factors as their:

  • For-profit or not-for-profit status
  • Size
  • Industry
  • Geographical location
  • Degree of success
  • Or any other factor

Yet exactly what is meant by the term is often unclear to employees – especially by those not part of the executive or management levels within the organization.

 

WHAT IS ORGANIZATIONAL CULTURE?

An organization’s culture is its shared values, norms and practices that serve to frame and model the interactions of people within it. Although it definitely includes written policies, it typically is seen and formed as much (or even more) by the unwritten rules about the behaviors and conduct expected to take place within the organization.

 

WHY IS CULTURE SO IMPORTANT?

Culture is widely acknowledged by leaders to have wide-ranging and deep impact on their organization’s success or failure. They know both intuitively and by measurable results that the RIGHT CULTURE has many positives. These include:

  • Stimulates effective communications
  • Supports teamwork and unity of purpose
  • Synchronizes processes and inter-function actions
  • Sparks increased productivity
  • Supercharges creativity and innovation
  • Strengthens employee empowerment and, in turn, engagement and satisfaction
  • Stands out in seeking to attract and retain talent
    • ➡ WHICH IS WHY IN CONDUCTING SEARCHES FOR CLIENTS, TRINITY ZEROES IN ON THE CULTURAL COMPATIBILITY OF POTENTIAL CLIENTS.
  • Serves to achieve a better bottom line

SOME NOTEWORTHY FACTS ABOUT CULTURE

According to Gallup polling, employees who feel strongly connected to their organization’s culture are:

  • More than three times as likely as their peers to be engaged at work
  • More than five times as likely to recommend their organization to potential employees
  • 55% less likely to be actively looking for another job
  • 68% less likely to regularly feel burned out at work

Another study shows that 95% of candidates, culture is actually more important than compensation. Employees, and especially top performers, seek a sense of belonging — the confidence that they’ll find a personal sense of purpose in their job that aligns with corporate goals.

 

STAY TUNED FOR PART #2 ABOUT THIS IMPORTANT SUBJECT!

Author: Salvatore LoDico, SPHR

  The HR Godfather TM 

  CEO, Trinity HR Consulting, Inc

Trinity HR provides retained searches and a full range of other HR management consulting services & solutions with clients throughout the U.S. Our clients:

  • Range from large public corporations to start-ups & small family-owned businesses
  • Include both for-profit and not-for-profit organizations.

To schedule a no cost, no obligation conversation about your needs & how our Team’s expertise can help you, email me at SalLoDico@TrinityHR.net or call me at 856.905.1762.

YOU HAVE HR CHALLENGES…TRINITY HAS SOLUTIONS!

Posted in Organizational & People Development

BIDEN’S PROPOSED FY 2025 BUDGET SPELLS BAD NEWS FOR EMPLOYERS

President Joe Biden recently issued his proposed FY2025 budget. It includes large budget increases for government compliance agencies related to employment/employees. Some examples of compliance agencies are:

  • Equal Employment Opportunity Commission (up by $488M)
  • Department of Labor, which includes Wage & Hour Division, OSHA & Office of Federal Contract Compliance Programs among other agencies (up by $318M to $13.9B)
  • National Labor Relations Board (up by $21M to $320M)

Significantly Increased Penalties for EEOC, DOL, EEOC & NLRB

In providing additional funding, the proposed budget calls for “significantly increasing” penalties for employer violations. They are intended to “create meaningful deterrence for employers from violating workers’ rights”.

The higher penalties impact a comprehensive range of employment matters, such as:

  • Hiring, promotions & training, as well as any other term, condition or privilege of employment
  • Pay, including equal pay & overtime pay
  • Workplace health & safety
  • Union organization to “bolster the NLRB’s Board’s “capacity to enforce workers’ right to organize and collectively bargain for better wages and working conditions”.

National Paid Family & Medical Leave Proposed

The budget proposes a national paid family and medical leave program providing up to 12 weeks of leave for workers to recover from an illness or care for a new child or sick family member, among other situations.

National Paid Sick Leave Proposed

President Biden also called on Congress to enable legislation providing employees with seven paid sick days annually. Currently, a bipartisan group of lawmakers from both the House and Senate is working on paid leave legislation.

Author: Salvatore LoDico

  The HR Godfather TM 

  CEO, Trinity HR Consulting, Inc

Trinity HR provides executive searches (from C-Suite to key contributors) & a full range of HR management consulting services with clients throughout the U.S. Our clients:

  • Range from large corporations to small family-owned businesses & start-ups.
  • Include both for-profit and not-for-profit organizations.

To schedule a no cost, no obligation conversation about your needs & how our Team’s expertise can help you, email me at SalLoDico@TrinityHR.net or call me at 856.905.1762.

YOU HAVE HR CHALLENGES…TRINITY HAS SOLUTIONS!

Posted in HR Legal & Compliance

TALENT ACQUISITION OPTIONS & COMPARISON, PART 3 OF 3

DESCRIPTION DOING IT IN HOUSE STAFFING/RECRUITING AGENCY TRINITY MANAGEMENT SEARCH
Candidate Screening & Evaluation This is a critically important step & requires a degree of skill that is typically lacking, including how to:

• Ask probing, in depth & follow-up questions

• Conduct a behavioral interview

• This is how a candidate’s resume (her/his “advertisement”) & reality is ascertained

Far too often, the recruiting company’s process lacks thoroughness—especially in comparison to a Search Consultant

⇨ Due to the comparative skill levels, as well as the recruiting company’s business model.

Commonly, all you will receive is the resume & perhaps some generalized comments, such as “a really good candidate”.

Our process has several layers of screening & evaluation:

1)     Phone screening

2)     Live interview by the Consultant

• A written profile of the candidate, which includes key information beyond what the resume contains.

Closing the Deal A critical element is the negotiation of compensation.

• Even if the negotiation is done well & the deal is closed, the negotiation may unknowingly leave a scar on the employee.

The recruiter’s goal is to close the deal.

• The faster the better–regardless of the thoroughness of the process

• For the highest possible pay amount—since that determines the fee it receives

Trinity works with you to develop the compensation package for your candidate of choice. It serves as a buffer between you & the client. We know how to get deals closed!
Cost At first, you may think there is no cost to doing it in house. However, there are “hidden costs”, including:

• Your staff’s time on the search takes them away from other activities.

• Rarely will your Recruiting staff as effectively & efficiently as a Trinity Search Consultant

The cost is greater than doing it yourself & less than a Trinity Search Consultant.

• It is common for the agency to have a fee equating to 15% to 25% of the new hires annual compensation.

Trinity’s search agreement has two fee options:

1)    A % of the annual compensation

2)    A fixed dollar amount

 

Author: Salvatore LoDico

  The HR Godfather TM 

  Founder & CEO, Trinity HR Consulting, Inc

“ALMOST ANYONE CAN FIND BLACK & WHITE ZEBRAS. WE FIND PURPLE & PINK ONES!”

Trinity is an experienced, highly successful provider of retained search services for executive, management, supervisory & key individual contributor positions in multiple industries throughout the U.S.

  • We’ve conducted searches for clients ranging from large corporations to start-ups.

To schedule a conversation about your needs & how our Team’s expertise can help you, email SalLoDico@TrinityHR.net or call me at 856.905.1762.

YOU HAVE TALENT CHALLENGES…TRINITY HAS SOLUTIONS!

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

TALENT ACQUISITION OPTIONS & COMPARISON, PART 2

DESCRIPTION DOING IT IN HOUSE STAFFING/RECRUITING AGENCY TRINITY EXECUTIVE SEARCH
Understanding the compensation in the market place Except for large ones, organizations generally do not have market data related to the position. Yes, they may have (or at least should have) pay ranges, but unless they were developed based on the market & are updated those ranges may not reflect the current market. The vast majority of recruiting companies are limited to what they’ve read or what they hear from candidates. Only a small percent of executive search firms also do compensation work &/or have reliable market data–other than from recent searches. Trinity provides a broad range of HR consulting, including compensation. As such, we can provide up-to-date market (differentiating between base pay & variable pay) for the position —specifically by organization size & industry, as well as geographical area.
Candidate Sourcing Posting on job opening websites & hoping for qualified candidates to respond.

•   These reach only individuals who are actively seeking their next job.

•   They do NOT reach candidates not in the job market, but who often are the most desirable.

⇨ This not only shrinks the size of the candidate pool, but also the quality of the pool.

Many of these do postings on job boards. Many also receive unsolicited resumes from unemployed individuals looking for the company’s help in securing a job & from employed persons looking for a better opportunity.
They tap into the resumes they have on file—many of whom have not be screened.

•   Their focus is on getting resumes in front of you in hopes that you’ll be interested in the person.

⇨ Rarely, if ever, do they wait to develop a pool of candidates to choose from. The model for these agencies leads to their having a high quantity orientation rather than high quality.

•   The recruiter workload reflects this.

⇨ This model drives all of their actions in a way that is not necessarily best for you.

We utilize multiple sources to identify potential candidates based on the client’s specific requirements. The sourcing step in our process is laser focused on the client’s requirements, including intangibles.
We identify where potential candidates are most likely to be found.

•   Both those not actively in the job market & those who are

•   Companies (e.g., competitors) deemed as to be targeted—as well as those purposely to be avoided.

•   Reviewing candidates in our data base to reassessed them based your specific search.

As a full-service HR consulting firm, we have the skills to go beyond education, career progression & competencies. We approach finding candidates from a whole person perspective of what it takes to be successful, including factors such as cultural compatibility, leadership style & results from a variety of psychometric assessments.

Selling the Company & Opportunity If they oversell either, they set unrealistic expectations, & the candidate who becomes the employee may very well end up feeling disillusioned.
If they undersell, some highly attractive candidates may choose to decline interest in their pursuing.

⇨ This can be during the phone screen before decision makers are involved.

Given what the basis for their being compensated is, they:

•   Often oversell the company & the job

⇨ In great part because their process does not emphasize understanding your business, culture & other important determinants of a great candidate.

•   Seek to sell you on “their” candidate— who may be a good one, but the best one for your organization.

 

The Search Consultant is skilled at marketing the company & opportunity (not just the job) in a favorable & realistic way.

•   They are confident of their capability to find candidates without overselling.

•   This approach produces a “win-win-win” result for the client, the hired candidate & for Trinity.

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

TALENT ACQUISITION METHODS & COMPARISON: PART 1 of 3

DESCRIPTION DOING IT IN HOUSE STAFFING/RECRUITING AGENCY TRINITY HR CONSULTING
Responsible Person Except in large organizations with talent acquisition staff, the internal person (or persons) is typically someone who has:

• Other duties & responsibilities hamstringing giving her/his full attention to it

• Experience & expertise may vary from low to limited & with some as high as advanced, but rarely if ever at the expert level

• Knowledge of your organization & the position to a varying degree—in part depending on where your person is within your organization’s hierarchy

The qualifications may vary by company.  In some instances, often the recruiter may be anywhere from “not as good” as your internal person to “a little better”.

• However, it is extremely unlikely that the recruiter is close to having the expertise of a Search Consultant.

• Their recruiters often have less than 5 years of recruiting experience–& even those with substantially more do not have the skills at the level needed to needed to effectively conduct a management or executive level search.

• The manner in which they represent your company may be less professional & polished as a Search Consultant.

• Their recruitment process does not place a high level of emphasis on understanding your organization (including its cultural).

⇨ Research clearly shows that more new hires fall because of lack of cultural fit than due to competency.

The Search Consultant with whom you will work is a specialist with highly developed competency in mining for talent, having gained expertise through years of successfully conducting searches.
The Consultant fully understands the importance spending time with key players of the client organization as the first step in the clearly defined & proven search process.

⇨ I have 35+ years of experience in talent acquisition for a wide of positions & within multiple industries—both as a Corporate CHRO & for the last 10+ years as a Management Consultant.

⇨ All Trinity Team members have a minimum of 15 years of HR management related experience.

Representation The assumption is that your organization’s assigned staff member will represent you in a highly professional and positive manner. A combination of your company & their candidates

• This is due to how they receive compensation (more on fees in Part 3 of this three part series).

You are the client & the firm acts solely on your behalf, acting in effect as an extension of the organization.

• Trinity’s Consultants represent our clients with an extremely high degree of professionalism & ethics.

Author:

Salvatore LoDico (CEO, Trinity HR Consulting, Inc ◆ SalLoDico@TrinityHR.net ◆856.905.1762)

   The HR Godfather TM

              

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

ABOUT YEAR-END JOB OFFERS & ACCEPTANCES

It is highly unusual for an organization to pay a bonus to an otherwise bonus-eligible individual who is no longer an employee at the time of pay out. Also, it is unlikely that a new organization will be willing keep the new employee 100% whole. However, they may, in some but certainly not in the majority of instances, take part of the amount of the forfeited bonus into account in making its compensation offer.

As we approach year-end, a lot of companies are wrapping up their final job offers for 2023.

  • Companies recruiting for talent (whether themselves or through an executive search firm) need to be aware that candidates may be reluctant to accept an offer of employment without first receiving their 2023 performance bonus.
  • Candidates on the receiving end on an offer of employment should know their current organization’s policy related to payments of performance bonuses.

Here’s why it is an important matter which requires early, clear & transparent communication between the parties.

  • Most companies (especially publicly traded ones, plus many private ones) do not pay out annual performance bonuses at year-end.
  • Instead, they do so after their year-end financial statements have been verified or audited. This commonly occurs around the end of the 1st quarter of the new year.

A good executive search consultant show learn about a candidate’s bonus situation early on in the relationship. In turn, they should communicate with the client company about it. This enables the company to make a decision up front about its interest in the candidate.

  • By the parties all being aware, it can avoid an unanticipated snafu being experienced by the three parties involved, resulting in an undesired outcome for everyone.

Author: Salvatore LoDico

              CEO, Trinity HR Consulting, Inc

   The HR Godfather TM

              

Trinity HR offers a full range of HR management consulting services and solutions with clients throughout the U.S.  Our clients:

  • Range from large corporations to small family-owned businesses
  • Include both for-profit and not-for-profit organizations

To schedule a no cost, no obligation conversation about your needs & how our Team’s expertise can help you, email me at SalLoDico@TrinityHR.net or call me at 856.905.1762.

YOU HAVE HR CHALLENGES…TRINITY HAS SOLUTIONS!

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

THE SECRETS TO MAKING BETTER HIRES

Research shows that only about 1 in 5 new hires is considered to be unequivocal successes. This is an alarming low rate of success for a process that is essential to an organization’s success!

Why does the hiring process have such a poor success rate? Some key reasons are:

  1. Overreliance on what the candidate’s resume states
    • Failing to properly take into account that a resume is a candidate’s self-created advertisement about themselves & therefore may contain:
        • Elevated job title
        • Embellished skill set
        • Overstated responsibilities
        • Incorrect dates of employment to cover up gaps
        • Unclear or overstated educational credentials
  2. Interviewing & evaluating candidates is not a core competency of hiring managers, and thus they do not know how to effectively:
    • Pose questions that produce revealing answers & important insights
    • Ask probing follow-up questions to drill down past an initial answer
    • Conduct behavioral interviews related to the key elements of past performance that need to be carefully & comprehensively evaluated include:
    • Fully assess soft skills, such as professionalism & interpersonal skills
    • Determine leadership skills & style, collaboration & teamwork
  3. Disregarding the old adage that “past performance is the best predictor of future performance” is as true today as ever!
    • Assessing a candidate’s past performance requires looking past the accomplishments on their resume by knowing how to probe deeply
  4. Most companies do not have the internal resources (talent & time) to most effectively:
    • Market the opportunity
    • Mine for candidates
    • Evaluate candidates
    • Present a pool of fully qualified candidates to the hiring executive

THE SECRETS TO MAKING BETTER HIRES

  1. Have a well written job description, which means it not only describes the role’s functions & responsibilities, but also the skills, attributes, & experience needed to be successful
    • Review the prior & current job holders to pinpoint what made them successful or caused them to fail.
  2. Identify a large number of potential candidates – not merely candidates who are actively in the job market, but also those candidates who are receptive despite not actively looking (“passive candidates”)
    • In conducting searches for clients, I typically identify a minimum of 50 potential candidates with whom to do an initial screen, & often go through 100 before having determined the slate of candidates to present for client interviews.
  3. Thoroughly evaluate candidates to determine which ones best match your specifications, including:
      • Competencies
      • Cultural compatibility
      • Character
      • Compensation
      • NOTE: From my experience, an alarming number of those involved in the process lack the skills needed to effectively evaluate candidates. In great part, this is due to their:
        • 1) Never having been properly taught how to do so
        • 2) Having limited experience in the interview & selection process
  4. Whenever possible, have multiple individuals participate in the interview & assessment process
    • Include individuals from the company functions with which the position most interacts.
    • Consider having 2 (or 3 at the most) interviewers do the interview together, which has multiple benefits.
  5. Have a standardized evaluation tool for completion by each interviewer
    • Do so even for those who will not be included in the final selection step.
  6. Have an open, candid group discussion of candidates (especially those being considered for an employment offer) with all of the appropriate individuals whose input is needed
    • Ideally, one individual should serve as the facilitator.
  7. Utilize assessment tools to improve the selection decision making.
    • Examples include those that assess specific competencies, behavioral styles & emotional intelligence.
  8. Do not end the process until you have a candidate about whom you are excited.
    • Hiring mistakes are costly in multiple ways.

Author: Salvatore LoDico

The HR Godfather TM 

Senior Partner, Spuhler Associates/Founder & CEO, Trinity HR Consulting, Inc

Spuhler Associates is an experienced, highly successful provider of retained search consulting services for management & executive level positions in multiple industries throughout the U.S.

“ALMOST ANYONE CAN FIND A BLACK & WHITE ZEBRA.  WE FIND PINK & PURPLE ONES!”

To schedule a conversation about your needs & how our Team’s expertise can help you, email Sal@spuhlersearch.com or call me at 856.905.1762.

YOU HAVE TALENT CHALLENGES…SPUHLER HAS SOLUTIONS!

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

AN INSIDER’S GUIDE TO EXECUTIVE SEARCH

As a corporate CHRO for 25+ years, I bring three different perspectives to this guide: 1) I hired executive search firms when we needed a purple & pink zebra; 2) I was successfully recruited by them multiple times in my career; and 3) in my post corporate career, I have 10 years of experience providing Executive Search Consulting services.

WHAT COMPETENCIES/EXPERTISE SHOULD AN SEARCH FIRM HAVE?

  1. Extensive Market Knowledge: An executive search company should have a deep understanding of the industry and the talent landscape. It should be knowledgeable about the current trends, market dynamics, and relevant candidate pools.
  2. Comprehensive Search Process: The search firm should conduct a thorough and systematic search process to identify and evaluate potential candidates. This typically includes defining the position requirements, developing a search strategy, sourcing candidates, screening and assessing applicants, conducting interviews, and presenting a shortlist of qualified candidates.
  3. Access to Top Talent: One of the primary advantages of engaging an executive search company is their ability to tap into their extensive network and access high-caliber candidates who may not be actively seeking new opportunities. It should have connections and relationships with executives in various industries and be skilled at identifying and attracting the right talent.
    1. “Almost anyone can find a black and white zebra. As The HR GodfatherTM, I find purple and pink ones.”
  4. Confidentiality and Discretion: It must understand the importance of maintaining total confidentiality throughout the search process. They should handle sensitive information with utmost care and ensure that candidates’ privacy is respected. This is particularly crucial when conducting searches for senior-level or executive positions.
    1. For any search that a client company wants to be done on a confidential basis, the search firm should utilize a Non-Disclosure Agreement for signing by candidates prior to revealing the client company’s name.
  5. Customized Approach: The firm should be able to tailor its strategy and process to meet the specific needs of the company. It should take the time to understand the company’s culture, values, and unique requirements for the role. This helps to ensure that the candidates presented align with the organization’s goals and fit the desired leadership profile.
    1. As part of this step, the search firm should create a customized Organization and Position Summary as to provide information about the opportunity for potential candidates. The Summary is typically three to six pages, and serves as a valuable marketing tool.
  6. Rigorous Evaluation and Assessment: The firm should employ robust assessment methods to evaluate candidates thoroughly. In addition to in-depth interviews to assess competencies, experiences, and other requirements for success, it should have the capability to provide client companies with various psychometric assessments. These include behavioral style such as DISCTM, emotional intelligence and cognitive aptitude in order to provide comprehensive insights into each candidate in order to help predict performance success.
  7. Negotiation and Hiring Support: Once suitable candidates have been identified, the search firm can facilitate the negotiation process between the company and the candidate, including the compensation package, relocation assistance, and other contractual matters. They should also provide guidance and support throughout the final stages of the hiring process, such as offer of employment letters with applicable restrictive covenants.
  8. Post-Placement Follow-Up: A good executive search firm doesn’t consider their job done once a candidate is hired. They should maintain contact with both the company and the candidate to ensure a smooth transition and integration into the organization. They may provide support during onboarding and address any concerns or challenges that arise.

WHAT SHOULD AN EXECUTIVE SEARCH FIRM’S ULTIMATE DELIVERABLE BE?

An initial pool & of fully vetted candidates (with additional ones as desired) who meet or exceed your specifications, including factors such as:

  1. Non-Compete Agreement: None exists or one exists but is not applicable.
  2. Geographic Location & Travel: Reside where you want them to and, if applicable, ability to travel.
  3. Total Cash Compensation*: Candidate expectation is in line with the range you have indicated, with the specific total being dependent upon your assessment of the candidate of choice

    *Defined as salary + variable compensation (e.g., performance-based bonus) + signing bonus if applicable (inclusion or exclusion of this third component may vary from search firm to search firm)

    1. From my experience I am skeptical of candidates who say they are open to a reduction in their Total Cash Compensation. The search’s goal is to identify outstanding candidates whose current compensation plus an expected increase is within the client’s targeted compensation.
  4. Skills, Competencies, and Attributes & Experience: Meet or exceed these

  5. Education: Meet or exceed, including professional certification if applicable (e.g., CPA or CMA)

  6. Cultural Fit: Compatible with yours, including in candidate’s leadership style

WHAT IS THE LENGTH OF TIME FOR AN EXECUTIVE SEARCH TO BE COMPLETED?

The timeline for hiring an executive search firm to selecting the candidate of your choice (excluding the candidate’s resignation notice to their existing employer) can vary widely depending on multiple factors. Here are some key dynamics that can impact the duration:

  1. Position Complexity: The more specialized or senior the position is, the longer the search process may take.
  2. Industry and Function: Some industries or functions may have a smaller pool of qualified candidates, leading to a longer search process.
  3. Search Firm: Its approach and effectiveness in sourcing, screening & interviewing impacts the timeline.
  4. Interview Scheduling Hurdles: It can take time to coordinate interviews with qualified candidates, (especially since most we be currently employed and their responsibilities to their employer can limit their time for interviews).
  5. Client Decision Making: The time it takes for the hiring organization to review candidate profiles, conduct interviews, and make a final decision can vary based on internal processes and decision making structures.
  6. Time of Year: The process takes longer during the Summer when candidates and clients may be on vacation. Also, no candidate desires to leave their current company when the payment of a performance bonus is pending (commonly, after the company’s books have been closed and the financial results have been verified/audit).

Considering these factors, the entire process can take anywhere from six weeks to several months. It’s essential to have realistic expectations and open communication with the search firm to ensure the process runs as smoothly as possible.

Once the search strategy is in place, the executive search firm begins actively sourcing and identifying potential candidates. They may leverage their extensive network, utilize databases and and conduct direct outreach to individuals who fit the desired profile.

  • This includes reaching into companies the client explicitly identifies as of special interest as a candidate source (e.g., a competitor or a company known for its talent in a given function).
  • With regard to reaching into a competitor’s organization as a source of talent, it much less antagonistic for this to be done by a search consultant rather directly by your company.

WHAT IS THE TYPICAL FEE CHARGED BY AN EXECUTIVE SEARCH FIRM?

The fees charged by executive search firms can vary widely depending on several factors, including the complexity of the search and/or the level of the position being filled. Typically, an executive search firm’s fee is a percentage of the candidate’s first-year total cash compensation as their fee. This percentage can range from 25% to 35%, with the specific percentage being slightly lower for clients who warrant a “volume discount”. For searches where the total cash compensation is above a certain annual dollar amount, it is possible to negotiate a fixed dollar fee.

Additionally, executive search firms may charge additional expenses related to the search process, such as travel expenses, candidate assessment fees, or advertising costs. These expenses are usually separate from the fee.

WHAT IS THE NORMAL FEE PAYMENT SCHEDULE?

By far the most common schedule is 1/3 at each of the following three steps in the process: 1) signing of the search contract by the parties; 2) submission of the firm of an appropriate number of qualified candidates; and 3) start of employment by the candidate who has been hired.

WHAT HAPPENS IF THE CLIENT SUSPENDS OR CANCELS THE SEARCH PRIOR TO ITS SUCCESSFUL CONCLUSION?

In this event, the client is expected to pay for services performed by the search firm up to such time. For example, if the client does so after having be given the initial pool of candidates, it is typically obligated by the search agreement to pay the 2nd fee amount.

WHAT IS THE TYPICAL REPLACEMENT GUARANTEE?

A search firm typically guarantees to replace the candidate hired at no additional fee if the employment separation for a period of 90 calendar days to 180 calendar days from the start date of the candidate’s employment. This in part related to the position type and/or level.

  • It is not unusual for there to be a correlation between the negotiated fee and the length of the replacement guarantee.
  • For example, a search firm may agree to reduce its typical fee based on the quid pro quo being that the replacement length is also to be reduced.

Also, a firm may stipulate that its guarantee has conditions, such as it will replace the employee at no additional fee to the client in the event that the candidate/employee:

  1. Voluntarily resigns UNLESS the resignation is due to circumstances such has:
    1. 1) The employer directs the employee to take an action that is unlawful
    2. 2) The employer’s failure to fulfill a compensation, benefit or other requirement as contained in the offer letter or in a subsequent written agreement between the employer and the employee
  2. Is terminated for reason other than FOR CAUSE
    1. NOTE: Even if the person is an at will employee, it is nonetheless a sound HR practice to have FOR CAUSE defined in an employee handbook, policy or some or company document.

Author: Salvatore LoDico

   The HR Godfather TM

 

 

 

 

 

 

ALMOST ANYONE CAN FIND A BLACK & WHITE ZEBRA.  MY COLLEAGUES & I FIND PURPLE & PINK ONES!”

To schedule a no obligation conversation about your talent acquisition needs, call me 856.905.1762 or email me at SalLoDico@TrinityHR.net

YOU HAVE TALENT CHALLENGES…THE HR GODFATHER TM HAS SOLUTIONS!

 

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

EMPLOYMENT COUNTER-OFFERS: TO DO OR NOT TO DO

The question of counter-offers is certainly not a new one. However, in today’s labor market it is worth looking at through a different lens. This includes looking through the eyes both of employers and candidates of employers and candidates who are offer recipients.

  • The perspectives I bring to this issue are based on a career of experience as a CHRO & for the last 10 years as a Search/HR Management Consultant.

Let’s look first at an employer’s lens. At some point, almost every employer has experienced or will experience a highly valuable person submitting their resignation. Too often, this occurs with the employer being surprised.

  • One way to avoid (or at least minimize) being blindsided is to do conduct “stay” interviews. Think of them as checking the barn door before a valuable racehorse gets out of the stall & stable, whereas exit interviews identify how to possibly prevent it happening with other valuable racehorses.

The players within the organization often have a different point of view as to how they react. Here are three examples:

  • 1) Direct Supervisor: “Oh no! What am I going to do without Jill”?
  • 2) Co-workers: “Who’s going to pick-up the workload—especially since I know hiring during this market is going to take a lot longer than it used to. Plus I’m already on work overload”.
    • Another reaction is sometimes “Does Jill know something that I don’t about what’s going on in the company? Maybe I need to start looking for a new job while the job market is so good — just in case”.
    • Or “Wow, Jill got a great new job with more money. Maybe it’s time for me to test the job market too.”
  • 3) Internal Recruiters in HR: “We already have more openings than we can fill. When is this job market ever going to get back to normal”?

In any event, the ultimate question for the organization is should or should we not make Jill a counter-offer.  

  • This decision almost always is made at a higher level than of those above, but certainly impacts them & others.
  • Just over 50% of companies have a formal policy about counter-offers being made or not.
  • Even those having a “no counter-offer” policy find reasons to make exceptions.

THREE COMMON REASONS WHY COMPANIES MAKE COUNTER-OFFERS

  1. In general, companies do not like to be “fired” by an employee, which, in effect, is what a resignation equates to or is perceived as.
  2. They realize the individual is more valuable than they have demonstrated
    • Including pay, which is the common currency in business (along with title) to convey worth
  3. They recognize they have failed to provide an employee with the appropriate reasons to stay, including:
    • Supervisors/managers/executives who understand and practice good leadership skills, including:
      • Trust (being trusted & trusting), communications, teambuilding, collaboration
    • Career/professional development
      • Today’s individuals (especially millennials) are accused of not being as loyal as prior generations. Actually, they have a high degree of loyalty to their careers & to those companies which satisfy their desire for professional development
      • Remember they saw or heard about their parents or grandparents losing their jobs after years of service as part of a reduction in force
    • Work-life balance, including schedule flexibility
      • Research shows many in today’s workforce will trade dollars for time off!
    • Pay & Benefits
      • This needs to be viewed as merely as “the price of admission to the employment game”.

HOW DOES AN EMPLOYEE WHO HAS ACCEPTED AN OFFER REACT TO A COUNTER-OFFER?

  • YOU MAY THINK IT’S AN OFFER THEY CANNOT REFUSE…BUT

 

 

 

 

 

HERE ARE THE TYPICAL REACTIONS:

  1. No thank you because:
    • “I have made a commitment to this new company & I keep my commitments.”
    • “My decision to leave is about more than just my compensation.”
    • “It’s too little too late.”
    • Or
    • Without saying it, they are concerned that going forward the company will purposely or sub-consciously view them less positively, & this will have an adverse impact on their career with it.
      • This is not necessarily an unfounded concern. It is not uncommon for a company to decide to ensure it will not be got off guard again by: a) developing someone to be ready to take over or b) starting a confidential search to find a replacement for that employee.
  2. Yes, I’ll stay because I really did not want to leave.
  3. Don’t smile yet! Here are statistics for employees who accept a counter-offer to stay:
    • Within 60 days, 50% of employees are actively looking again.
    • In 6 months or less, more than 50% of them will end up leaving – usually for the same reason(s) they initially were going to.
    • Only 15% will stay for at least 2 years afterward.

Author: Salvatore LoDico (The HR Godfather TM) 

Senior Partner, Spuhler Associates/Founder & CEO, Trinity HR Consulting, Inc

 

 

 

 

 

 

Spuhler Associates is an experienced, highly successful provider of retained search consulting services for management & executive level positions in multiple industries throughout the U.S.

“ALMOST ANYONE CAN FIND A BLACK & WHITE ZEBRA.  WE FIND PINK & PURPLE ONES!”

To schedule a conversation about your needs & how our Team’s expertise can help you, email Sal@spuhlersearch.com or Ron@spuhlersearch.com  or call Sal at 856.905.1762 or Ron at 856.313.1479.

YOU HAVE TALENT CHALLENGES…SPUHLER HAS SOLUTIONS!

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention