Back In The Race: The High-Paying Job You Had In The Past Might Make You Unemployable In The Future

If you're looking for a job, when is it advantageous to disclose salary requirements from the get-go?

resume girlThe job search process can be a tedious process. First, you have to spend time applying for the positions you think you are qualified for. Then, you have to posture and sell yourself to the recruiter or hiring manager on numerous interviews.

Negotiating compensation packages tends to come at the middle or the end of the interview process. But as a sign of things to come, this may be changing, and those who have a history of high salaries may be taken out of the race.

In a recent Wall Street Journal article, Lauren Weber writes about how recruiters are now asking about job applicants’ past salary history at the beginning of the interview process. Applicants are taken out of consideration if their salary from their prior job was too high. This is particularly bad for older job applicants who have been used to a high salary.

The article interviewed numerous human resources executives. They believe that discussing salary at the start helps reduce compensation costs, gauges applicants’ “level of reality,” manages expectations, and spares recruiters from chasing applicants they can’t afford.

However, discussing salary so early in the interviewing process can leave out the possibility of negotiation. The article indicated that applicants are open to taking a reduced salary if they are particularly interested in working for the new company.

Perhaps employers and recruiters are gauging the local employment pool for cheap, desperate labor. With growing fears of a recession, news of layoffs increasing, and a volatile stock market, businesses have an opportunity to replace highly paid employees for those with similar experience who are willing to accept lower pay.

It’s possible that legal recruiters will use the same tactic. But with the exception of some cheapskate solo practitioners, an applicant’s compensation requirement is not the only factor a law firm considers. Most law firms have to not only consider the quality of the employee’s work product, but also whether her collectible billables can pay her salary and make a profit for the firm. In addition, reputable firms have to keep up appearances and not look cheap by paying their employees below-market value (unless they want to be criticized on this website).

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If compensation becomes a discussion point at the beginning, do your best to defer the topic until later in the interview process. I do not see any benefit for both the applicant and the employer to discuss this issue so early. But just in case, doing your research beforehand will help. Find out why the firm is hiring and check LinkedIn to see if there is continuous employee turnover at that firm. Contact your law school’s career advisor and ask about any salary statistics information they have. If none of this is available, you may want to consider looking at the salary offerings of comparable government job postings.

So when is it advantageous to disclose salary requirements from the get-go? As a job seeker, the only time this would be helpful is if I am currently employed at a job I like and a recruiter is trying to poach me. In this case, if I am not interested, I can politely let the recruiter know and I can get back to work.

Whether this recruiting tactic will work remains to be seen. But it is a sign that employers are taking advantage of recent economic trends to hire talent at below-market wages.

Again, I am looking for former solo practitioners and small-firm lawyers who left their practice, for better or for worse. If you are one of them, please share your story so that we (and 0Ls contemplating going to law school) can learn from your experience. Please click here, here, and here to get an idea as to what I am looking for. Then email me at sachimalbe@excite.com.


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Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.