How to Protect Yourself When a Recruiter Offers You a New Job

By Alan J. McDonald

What should you do to protect yourself if a recruiter reaches out to offer you a shiny new job, while you are already in a job?

Since the COVD-19 pandemic, remote and hybrid workplaces have become the norm for many industries, which has led to a sustained increase in people working from home compared to pre-pandemic levels. This flexibility has afforded many employees a healthier work-life balance, with many individuals also reporting an increase in their productivity and efficiency levels.

However, once the COVID-19 restrictions eased, employer concerns surfaced regarding the ongoing lack of proximity between employees, which they observed to cause poor communication, collaboration and team bonding, and a subsequent poor workplace culture.

In response to the reluctance of many employees to ditch the remote and hybrid arrangements, major corporations have begun implementing return-to-office mandates, with the backing of the Federal Government which has been pushing for a return to workforce normalcy since COVID-19 restrictions were lifted.

Such large corporations include Amazon, with the CEO Andy Jassy recently announcing that from January 2025, Amazon will be ‘returning to the way we were before the onset of the pandemic’. The announcement from Amazon, and other large corporations such as Salesforce, has spurred significant backlash from employees, with 91% of surveyed Amazon employees confessing they are “overwhelmingly dissatisfied” with the mandate, and 73% considering quitting because of the mandate. 

As demonstrated by the above statistics, the return-to-office mandate is unfeasible for many employees, especially for those who have family and carers responsibilities. It therefore makes sense why so many employees have publicly expressed their desire to leave their employment from such corporations.

However, due to this, there has been a corresponding rise in corporations hiring recruiters to offer disgruntled employees an ‘attractive’ job offer that permits them to continue remote work. Whilst these offers may appear appealing at first glance, it is important to understand your rights and to be mindful of certain contractual terms to ensure that these corporations are not taking advantage of your haste desire to secure alternative employment.

Below are multiple important contractual terms that you should avoid agreeing to in the event you are headhunted by a recruiter.

Notice period

Do not sign a contract which contains a short notice period. Whilst an employment contract cannot provide for less than the legal minimum set out in the Fair Work Act 2009, your enterprise agreement or your modern award, an employment contract can set out longer minimum notice periods, and this is often the case for employees who are recruited. However, if your notice period appears to be relatively short, then this may be an indicator that your contract contains unfair terms.

Probationary period

Do not sign a contract which contains a probationary period. Probation periods are often implemented at the beginning of the employment relationship, and they often last from three to six months. Their purpose is to provide an employer and employee an opportunity to decide whether the employee is suitable for the role.

However, probationary clauses in contracts can often contain terms that limit your rights and entitlements, most commonly making your notice period during this time much less than the notice period specified in the employment contract under the entitlement terms

This means that before the specified probationary period has ended, your employer can purposefully terminate your contract with only 1 week of notice as per the minimum statutory requirements, so that they do not have to pay out the larger notice entitlement specified in the contract.

Having an appealing notice period together with a probationary period is a tactic that company’s use to entice people in and to then avoid large pay outs.

Position description

Do not sign a contract which does not have a clearly defined role in terms of its title, duties and reporting structure. Your title is simply the name given to the job you have been hired to perform, and they are generally good indicators of experience, expertise and responsibilities. Your duties should be outlined clearly in your contract, which will include the obligations and tasks that are associated with your role.

Lastly, the reporting structure must be specified, which should include the chains of command within the company. Having a clear reporting line is crucial for understanding how authority, accountability and responsibility are allocated.  A lack of any of these details can cause problems later down the line, such as being expected to perform additional duties that you were not initially employed to perform.

Please do not hesitate to contact our firm to speak to one of our highly experienced employment law solicitors to seek further advice about the fairness of the contractual terms offered to you.