Job Searches, Small Law Firms, Solo Practitioners

Back In The Race: 5 Reasons Why It Is So Hard To Find A Job (And It's Not Your Fault)

It's almost impossible to tell whether a job opening is legitimate, so apply to every job opening you qualify for with great care.

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resume girlWhen you are unable to land a job for an extended period of time, say a few months to a year (or two), at some point in that period you ask yourself, “Why is it so hard to find a job?” I think we have heard all of the usual reasons: There are still too many unemployed lawyers competing for positions. Employers are still “purple squirrel picky” about pedigree. Or there is a skills mismatch.

As if this wasn’t bad enough, some employers make the search more frustrating by announcing job openings they have little to no intention of filling. Here are a few reasons why they do this:

  1. Employers are hiring for expansion or restructuring purposes. Generally, employers hire because there is a labor shortage and they need to someone to do the work. In these cases, companies try to hire someone as soon as possible in order to free up the bottleneck. But some companies are looking to expand or restructure their business and want to hire someone who can help them accomplish this. Maybe they want to tap into a new, potentially lucrative niche or shift human resources to a more profitable practice area. Or they may want to hire someone who is more tech-proficient. In these cases, since the firm has no pressing labor shortage, they have no need to hire someone immediately. So if the perfect candidate is not available, the firm won’t hire anyone at all. At least not yet.
  2. Employers are hiring internally or through referrals. Employers post an opening knowing that they are likely to hire either internally or through a recommendation from someone they know. So if this is the endgame, why do they post the opening in the first place? Sometimes they might find someone better in the open market. Or they might be doing this to prevent a discrimination lawsuit.
  3. You are a pawn in an office power play. I have read and heard about the following situation: The managing partners of a firm think that one of their staff attorneys is going to quit unless she is offered a substantial raise and other benefits. The attorney’s performance reviews show that she is a solid worker but not completely indispensable. The partners also think she is bluffing. The firm then posts an opening for an attorney position looking for a replacement. If there are no good candidates, then the firm will meet the staff attorney’s demands rather than take a chance on someone new. But if there are are many good candidates, then the partners can either let the staff attorney quit or withdraw her threat (and later make amends to make up for this egregious act of disloyalty). This is just one example. I’m sure there are similar situations where firms post a job opening only for the purpose of keeping current employees in line.
  4. Employers think that an even better candidate might come along. Even if you meet all of the educational and professional qualifications for the position and make a strong, favorable impression during the interviews, you might not get hired. This is because these employers are still holding out thinking that the purple squirrel will come along if they wait just a little bit longer (but in reality these purple squirrels don’t appear, according to commentators).
  5. The internet has scared employers. Finally, it seems like whenever I read a blog post or an article written by a recruiter or someone in the staffing business, it is usually about the dangers and difficulties of the hiring process. One is about dealing with entitled millenials. Another is about old people and their likelihood of filing all kinds of discrimination lawsuits. Or how about reading a piece entitled 2 Simple Interview Questions That Can Determine Whether A Job Applicant Will Embezzle Company Funds, Mistreat Clients, And Eat Your Family?

    The problem with these articles is that they are making employers suspicious and even fearful of hiring anyone. They see the worst in every applicant and for that reason, they may not hire at all. While due diligence and background checks are important, it is getting to the point where even the most microscopic mistake on a résumé is interpreted as an indicator of something evil and nefarious about the applicant. The applicant has a two month job gap because he cared for a sick relative? Unacceptable. This means the applicant is uncommitted and is likely to ditch his duties without warning. Also, the applicant has admitted to having illness in his family. This means he will one day call in sick and drive up the company’s health insurance premiums.

It is almost impossible to tell whether a job opening is legitimate, so you should apply to every job opening you qualify for with great care. Even if the position is bogus, think of it as practice and a learning experience during your search.

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.

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