Cold-Calling Passives Ain’t Harassment

Can a candidate being contacted by a recruiter sue for invasion of privacy or harassment?

Short answer: There are no reported cases in the history of American law where a recruiter was accused of harassing a passive candidate, writes placement law expert Jeffrey G. Allen at The Fordyce Letter.

Long answer: Putting personal info on LinkedIn or Facebook appears to imply consent to be contacted (Allen’s exact words: “Anyone on Linkedin or Facebook wants publicity”), though implied consent isn’t necessary to get out of legal trouble.

For an ultra-watertight legal defense, get a non-work e-mail address or phone number from the candidate. “If you get one (or even a personal email address), the candidate is estopped (stopped) from asserting that you violated her rights. She impliedly waived them.”

We’re not lawyers and this isn’t legal advice; check with an attorney if you’re worried about these issues.