Bait and switch.

Anonymous

August 11,2022 at 7:29PM UTC

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Posting on behalf of a friend:

Friend applied at Company A for a sales role with a salary (40k a year). Friend was swiftly scheduled for an interview. They interviewed on Tuesday, it went well, and was immediately scheduled for the second interview on Wednesday morning. Friend does the interview on Wednesday at 8:30 am sharp and is told they'll get back in touch to let them know next steps.

In these two interviews, salaries of various positions were discussed (going up to 80k) to show the growth possible in the company.

A few hours after the interview Friend is informed that they got the job and is asked if they're available to complete orientation that same afternoon.

Very excitedly, Friend agrees and shows up at orientation around 5:30 that same Wednesday. There is one other new hire there. At the orientation, they are informed that even though they interviewed with Company A, they're actually going to be working for Company B. And also, they would be compensated $30 a day (plus "commission" if they were able to get people signed up for their program) to work 9am-7:30pm.

Obviously Friend was blindsided and devastated to have been strung along and given false hope for a job that was not at all how it appeared.

My question is, is this type of bait and switch normal/legal?

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AnonymousAugust 11,2022 at 9:17PM UTC
Not normal but it happens.
Not illegal because friend can walk at any time.
AnonymousAugust 12,2022 at 7:13AM UTC
Friend can walk and by now, hopefully has.
Illegal part is the pay. I guess waitstafff rely on the same pay - or similar
Sketchy part: the process
Joan Williams, Senior Talent Acquisition SpecialistAugust 11,2022 at 9:26PM UTC
The first clue should have been that two interviews and orientation all happened in a bums rush 36 hours.
That is not a normal interview process.
And that's 10 hours a day - taking out 1/2 hour for lunch - that's $3/hr.
Also $30/day times approximately 20 working days per month equals $600 - times 12 months in a year equals $7,200 A YEAR!!!!!!!!! Not $40k/yr.
SLTAugust 11,2022 at 9:59PM UTC
Too quick - MAJOR RED FLAG
$30/day is ILLEGAL as well. I'd walk!! A cashier can do better!!
I had a recruiter call me years ago and I had to check my schedule. Said the job would be filled THAT DAY (accounting!)
I said nevermind and recruiter said "that's your loss!!"
Nope, their loss.
Crystal HowellAugust 11,2022 at 10:26PM UTC
I would report them to EEOC, BBB, and SHRM.org in your area, totally wrong.
Move On! Get everything in writing.
AnonymousAugust 12,2022 at 12:35PM UTC
Hi All! Thanks for the feedback. My friend has definitely walked away from the job and looking into new things. In terms of the $30/day: that pay was presented as "base salary plus commission" so not sure if that affects the situation. But we agree the whole situation was definitely sketchy.
AnonymousAugust 15,2022 at 12:07PM UTC
I read an article recently about a number of sham companies showing up on LinkedIn and other reputable sites. This sounds like one of them. It's bad enough if the manager changes after the interview process, but if the whole company changed, it's probably a complete circus. Just be glad she never had to use the benefits because they probably don't exist!
Kimberly SweeneyAugust 15,2022 at 12:18PM UTC
Sounds like a scam
Balanced372207August 15,2022 at 12:18PM UTC
"Normal"....yes....Legal? Questionable.
AnonymousAugust 15,2022 at 12:30PM UTC
Is it normal?
Yes, it has become normal. Is it legal, I don't know that there are any laws against it. Happened to me and 4 of my colleagues, we got out as quickly as possible. In fact, the President of our division quit 1 week before us because he knew the company was bad news and he hired us!
Mary KerdashaAugust 15,2022 at 12:31PM UTC
Great answers and comments here so I will only add I am sorry your friend went through all of that! I am sure it was an emotional roller ?
AnonymousAugust 15,2022 at 12:31PM UTC
Sounds like a scam. I recently interviewed for a role with a small tech company. I had two interviews and had great feedback from the hiring manager. I spoke to the recruiter following the interview about what a comp package would look like. He said he would call me the following Monday after he spoke with the hiring mgr. I thought an offer was coming. Then I was ghosted once again. I am so sick of this bs. It's okay if I didn't get the job but seriously why would we go into details about comp and we were pretty much in alignment then nothing. Lots of scammers out there.
AnonymousAugust 15,2022 at 12:33PM UTC
Probably. Ugh...I'm sorry this happened to your friend. Unfortunately, I am not terribly surprised given how expeditious the interviews/orientation were scheduled. Definitely questionable!
Michele KingAugust 15,2022 at 12:33PM UTC
It honestly sounds like a multilevel marketing company. Cutco/Vector, Primerica, and a few others pull things like this in an effort to recruit people into their downlines. In fact, I just read this same scam being pulled with some water cooler/filter MLM in one of my anti-MLM groups on FB.
GirlBossanova934974August 15,2022 at 12:34PM UTC
Hopefully, the candidate has everything in writing. That is a must. This can be FRAUD and can be prosecuted IF the job applicant suffered damages as a result of these misrepresentations. The first two tests of fraud have already been met. The 3 Tests are: 1) the defendant intentionally must have hidden or concealed the fact with the intent to deceive the plaintiff, 2) the plaintiff must be ignorant of the fact and wouldn't have acted or behaved as she did if he knew about the concealed fact, 3) the concealment caused the plaintiff to sustain damage. You can consult with your state employment department or the Federal Trade Commission.
AnonymousAugust 15,2022 at 12:35PM UTC
Advise them to not give out their direct deposit/bank info yet, if not already.
Something similar to this happened to my friend and she had to close her bank account.
Christi MillerAugust 15,2022 at 12:49PM UTC
This is a scam MLM sometimes play to get people in the door. I went through the same type of thing. I was fortunate that I asked a lot of questions and when they have me vague answers I left. Good luck to your friend.
AnonymousAugust 15,2022 at 1:08PM UTC
Scam!
AnonymousAugust 15,2022 at 1:10PM UTC
Run away!
LORI-ANN BURLINGAMEAugust 15,2022 at 1:53PM UTC
Does your Friend have a hard copy of the job description? If they do, it could be considered false advertisement.
Most law schools have free legal clinics and your Friend may want to reach out to one for advice.
However, I am glad that your Friend learned the true before investing any more time or energy with this company.
Better days are ahead for your Friend.
Lisa WatersAugust 15,2022 at 2:30PM UTC
Definitely sounds like Multi Level Marketing.
I fell for it once with the promise of an office job. After two days, I realized I was supposed to be selling knock off perfumes. Never went back.
Peace OutAugust 15,2022 at 3:25PM UTC
Curious if it was an insurance company? I remember this happening to me years ago. It was to sell life insurance. Of course with an investment on my part. Just to her to run. Far away.
AnonymousAugust 15,2022 at 3:51PM UTC
I would tell your friend to go back and look at the job posting because there will be details in the phrasing that will be helpful so that her time isn’t wasted in the future.
Certain postings I fell for in my past were vague and didn’t put a company name. Now I do tend to only apply for jobs if I know the company is reputable or I’ll do some research first.
Chere EstrinAugust 15,2022 at 4:05PM UTC
Unless they were given an offer letter that stated differently, it would be pretty hard to prove in court. Most likely, it would come down to a "communication" problem.
AnonymousAugust 15,2022 at 4:20PM UTC
I would very suspicious of this job , and think twice about actually staying sounds like not only did the company change why don’t why need to sign people up? Is that the sales job? I would think twice about this
AnonymousAugust 15,2022 at 4:37PM UTC
It can be, but most recruiters are looking at you for more than one position at an organization.
Newbies tend to be taken advantage of in this situation.
What is important to consider is:
1) does she NEED this job?
2) does she have experience?
If the answer is yes to the first but not the second, then there is no need to question it. But remember, that if this is the status quo for all positions at the company, then I would take a better look at the organization as a whole. Ask yourself the hard questions, trust your intuition and move forward.
AnonymousAugust 15,2022 at 6:18PM UTC
This is likely a job selling insurance. I was scammed into something like this and spent 6 months working long hours with no hourly pay. Tell her to find something legitimate.
Ida McCartyAugust 15,2022 at 6:28PM UTC
I was scammed like this 10 years ago. The job was selling insurance to small businesses. Promised salary. After I paid for taking the insurance exam. Found out that it was commission only, and a complete waste of time. Tell her to keep searching for a legitimate company, that is salaried.
AnonymousAugust 15,2022 at 6:54PM UTC
When a person needs a job and that first paycheck, it's easy to rush in to things. Getting a contract for any position, no matter what it is, is so important! When a company has to spell everything out in writing it can eliminate a lot of misunderstanding for both the employee/contractor and company. Promises of future are easy to talk about - have the company put that in writing! If they won't, that gives you information for your next step
AnonymousAugust 15,2022 at 7:55PM UTC
Sounds like something my husband went through early 2021 with a bank slinging “low interest” personal loans. Pay scale kept changing which made it nearly impossible to earn bonuses, hours kept getting longer and longer, remote so he has to be on zoom with his camera on for 10+ hours a day.
He lasted 6 weeks before we decided this job was holding him back from other, much better opportunities
Gail Buckley CraneAugust 15,2022 at 9:23PM UTC
I applied to a new HMO in town for a clinical analyst position - according to the online job description researching utilization rates for services rendered and suggesting best practices. My resume and cover letter outlined my experience and education in this area.
Was called for an interview with the VP for data services. Strange fit, but they were still growing. And I would have to use data in my analyses.
When I got to the interview, the VP had her Dir of IT with her. Almost immediately the VP was "called to an emergency call" (?) - she said "You 2 talk and I'll catch up." The Dir immediately started asking about my experience with certain programming languages and technical Data Management. I told him that is not my area of expertise and tried to come back to the job as advertised - he got VERY irritated. The VP came back and I told her the responsibilities outlined by the Dir were vastly different from what was in the online position description. She actually said that a position description is always incomplete and the purpose of an interview is to talk about what they are really looking for (!)
She started in asking technical questions, and I stood up and said "I think we're done here. This is not what I understood the position entails. And this is not my area of expertise, nor my area of interest. Let's not waste each other's time." And I extended my hand to the VP for a handshake - the Dir was still sitting...and turned around and left. I heard her say "...wait, I'll have my assistant show you out" - Nope, just kept walking. All in all I think no one had ever stood up to her and said "No".
I didn't exactly strut out of the building - but "back straight and head held high".
So "Friend", tell your colleague to recognize her worth, not to be intimidated by "authorities (bullies)" and know that there are organizations that need and want her skills.
I know it takes time and courage...stay strong and take care of yourself.
DanaAugust 15,2022 at 10:36PM UTC
In life we have many relationships. One type is the relationship we have with the organization with which we are employed. So if a guy did this to you on a first date (bait and switch, deception of what comes next, etc.) would you want to try to continue to build a relationship with him? Would you trust him? Like a date, that first interview/hiring event is most likely going to be when you see them on their best behavior. You deserve far better than this.
AnonymousAugust 15,2022 at 10:49PM UTC
It should be illegal but I don’t think there’s any law binding agreement saying businesses can’t do this.
In other words I have no idea but your friend needs to just walk anyway.
I don’t know how common this is but I’ve had it happen to me several times in my 20s. I’m in my 30s now. Each time I’ve walked away. I’m sorry this company wasted your friends time. Luckily your friend can just walk away. Over time they’ll be able to spot the clues.
Some big clues are: Being hired instantly. There wasn’t much thought put into this so of course it’s a bait and switch. Also, if it sounds too good to be true it most likely is for example advertisements of 40k a year and then a price jump to 80K? That’s suspect.
Anyway, tell your friend to keep their head up as they job hunt.
AnonymousAugust 15,2022 at 11:14PM UTC
Get a lawyer.
Liz MilneAugust 15,2022 at 11:39PM UTC
Perfectly legal if your friend signed a contract after the switch was revealed, not so much if she signed beforehand. And, yes, I've heard of this practice - I wouldn't want to work for those people or buy anything they're selling, tbh...
AnonymousAugust 15,2022 at 11:43PM UTC
Yup.
AnonymousAugust 16,2022 at 1:33AM UTC
It's only happened once to me, in my current role.
I was hired to work with AI, specifically a chatbot. I got the "specialist" title but my pay was $21+/hr -- woefully underpaid, esp. considering I did the lion's share of the conversation design for the new bot. It was a contract job and they kept stringing me along about making me permanent. It took 2 years. At the time there were open positions in their contact center -- a job I enjoy about as much as digging ditches daily. I don't engage my mind in any way. I am a cog. For 2 years I was promised my bot responsibilities would be expanded. They insulted my intelligence by telling me they "just found out" the vendor would be taking over my duties. All contract details are agreed on before project start esp. in government -- they lied. So I'm the idiot who fell for the bait and switch. Never again . .
Rosa GoesAugust 16,2022 at 5:56AM UTC
This sounds suspicious. Always get a job offer in writing.
Nikki DAugust 20,2022 at 3:13AM UTC
This happened to me last month and I quit just this last Tuesday! Very similar circumstances. Glad I did!