Get written agreement before résumé is sent out

Q: Can an agency submit my résumé to companies without telling me? I told a recruiting firm very clearly to get my consent before submitting my résumé to specific companies. Now I find that this agency has submitted my résumé to companies without notifying me. I'm very worried they may accidentally send my résumé to my own company. How can I avoid this in the future?

Nick's reply:

You are smart to realize that recruiters and agencies should not distribute your résumé without your explicit permission. You are right to worry that the unthinkable might happen — the agency might thoughtlessly send your résumé to your boss.

Indiscriminate circulation of your résumé could also damage your reputation. If you don't exercise control over recruiters, some will even use your résumé as a marketing tool to pitch their services. (Yep, if you're an attractive candidate, you become the bait to entice employers to sign up for the agency's services.)

That's why it's important to have a written agreement. If an agency doesn't immediately provide you with one, ask for it. (If it doesn't have a standard agreement, reconsider working with that agency.) Check to see what rights you are granting. It's always wise to stipulate in writing that they must get your approval — at least by phone — before sending your résumé to specific employers.

In the future, if you want to really protect yourself, withhold your résumé until an agency gives you a signed letter agreeing to terms that are acceptable to you.

With regard to the firm in question, I'd contact the owner and complain. This may have been an honest error, but it's a serious one. If that doesn't get you an explanation and an apology, I'd contact your state consumer-affairs office. That'll get the agency's attention.

I'm not a lawyer. But whether this agency's actions are legal or not, uncontrolled résumé distribution is not a legitimate practice. I can't stand unethical recruiters. You shouldn't put up with them, either.

Nick Corcodilos is author of "Ask The Headhunter: Reinventing the Interview to Win the Job," and host of www.asktheheadhunter.com.

He can be reached by e-mail at seattle@asktheheadhunter.com or at North Bridge Group, P.O. Box 600, Lebanon, NJ 08833. Sorry, no personal replies.