Is this freakin LEGAL?? Posted salary shadyness...?

Question

I am so ticked off right now.

Job posting as technical recruiter lists $42,500 as base plus commission....obviously I'm all over that

Not "up to" or commensurate" but states $42,500 AS BASE

I kill the interview and ready to hop on, mind you in the meantime, I'm turning down other offers of 35 and 40k for this one...anyway

So I get a call a couple minutes ago and the guy is extending an offer to me...GREAT! not...

He freakin tells me he is going to start me at 30k and in 90 days get moved up to 32,500...Obviously I'm pissed and I mention it says 42,500 as base on the job posting..he says "Oh really?, It was a Typo".

Thank goodness I saved the posting before hand...I actually checked it online, and with the quickness it now says "Commensurate with experience"...what a load of crap.

Anyway is all that legal what they just pulled??? What are your guys opinions of this?

Answer 1

Mistakes happen. What are you going to do, sue them? You don't have grounds. They don't have to offer you the job at all, you know..... If you were turning down other jobs waiting for this one, that was a mistake - you couldn't know that it would even be offered to you. But if you got that many other offers during the interview process, you shouldn't have any trouble getting some more in the next few weeks.

And as to the changed posting, are you complaining because they fixed their mistake?

And as to the posts encouraging you not to back down, that you have rights, etc etc, they're dreaming. If you don't think so, go ahead and check with a lawyer - but be prepared for them to laugh at you.

Answer 2

Most likely it was a situation where he had asked you what base you may be comfortable with or perhaps what your previous salary was. The recruiter who had posted the listing may have given the "high end range" of the base, mid-way through the dealing I'm imaging your recruiter got reamed out by the manager of recruiters for disclosing the highest amount they were willing to pay to you and told him to work you down. 9 times out of 10, anytime you list the salary range a candidate will obviously ask for the highest amount. Poor recruiting on their side and not a good company to work for in the long run if they're being this deceptive with you. It only spells trouble.

Secondly, never turn down other offers until you have the offer letter in hand for the job you want. Anyone can say anything they like on the phone to you, but it doesn't mean jack till it's in writing.

Answer 3

What happened sucks, especially if you have already turned down jobs. But try to look at this way: do you really want to work for this place if they pull stunts like this? Even if it was an error, the salary on a job posting is pretty important, what does it say about them that they were so careless?

If you really want to work there you can try to negotiate something in the middle. If not then probably the best thing is to do is to cut your losses and move on. Like I said, it might be for the best.

Hiring a lawyer and suing is probably a big waste of time. Your would have to prove damages, etc... It would be hard to find a lawyer to take it, yet alone win something worth the time and effort.

Answer 4

Normally when you work for the city/state it is the right of the people to know how much they are paying you. I do not think it is fair. On the internet is another story i would think. Only because I would think it was not any ones business in the city or town near you. If someone wanted to know your salary they should have to go to the city office. Not post it on the internet. I am sure you are talking about a small town??

Answer 5

I think you need to be more cautious.

You turned down better offers based on a position you hadn't been offered yet because it was advertised at $42.5k? That's a risky move, and you got burned.

The answer to your specific question is that it may or may not be legal (you'll need an employment lawyer to sort that out), but it doesn't matter. Your losses, even in the extreme, are not that great. It wouldn't be worth suing over.

My advice is to let it go. Find a better job, and move on.

Answer 6

Unfortunately, it is legal for companies to change salaries, job titles, job descriptions, etc. as they wish. The defense is that they had compelling "business reasons" for so doing - financial concerns, questions about your ability to perform in the position, ensuring salaries were competitive with the local labor market, whatever.

That's not to suggest that what they did is right, or ethical - it isn't. This is one of the many ways in which companies get reputations as places where employees don't want to work. If this is how they treat people coming in the door, imagine how they would treat you once you'd gotten on board?

Write this place off as a bad experience, warn your friends about them - eventually places like this collapse under the weight of their own slimy business practices. Karma, y'know?

Answer 7

You should counter offer with a higher base, but if you are a recruiter ask about commissions or bonus. This is a sales 'type' position and usually has other compensation built in to the calculation and could get you in the 42K range overall annual compensation.
Best of luck,

Answer 8

Legal, yes because they're not making an offer through the listing. Cheesy, yes also. Just imagine what you life will be like if you take this job. Turn them down but be professional about it. Don't hesitate to tell them that the compensation is not what you expected nor what you need given the market for your skills.

Answer 9

I think that's called false advertising, and from what I know, that IS illegal. You can seek legal advice in this matter, especially if they say base salary is $42,500 and this guy is saying it's $30,000...That's a really bad "typo excuse" I've ever heard.

Answer 10

All positions are assumed to be depending on experience, posted or not. Until you sign the contract they are not obligated to pay you anything.

Since you are a hot commodity and firms are offering you jobs left and right you should be OK by tomorrow.