In recent years, state law-enforcement agencies have cracked down on numerous
career-services firms that typically charge hefty up-front fees but don't
deliver on their promises.
In the latest case, the New Jersey Attorney General and Division of
Consumer Affairs have filed a civil suit against the Phoenix Executive Group
(PEG), a career-consulting organization with offices in Iselin, Parsippany and
Princeton, N.J. The suit alleges that the company charged clients
thousands of dollars in advance but then didn't provide agreed-upon
services or uphold its promises, which included guarantees to find clients
permanent jobs paying certain minimum salaries and hiring bonuses.
In an emailed statement, Lawrence B. Maglin, a senior vice president of the
firm, said complainants in the lawsuit represent about 1% of the approximately
2,500 clients the company has served in the past 5 1/2 years. "We welcome the
opportunity to respond to any questions the Department of Consumer Affairs has
about our business practices and are confident we will be able to positively
address any of their concerns," he said in the statement.
CareerJournal spoke with N.J. Attorney General Zulima V. Farber about the
case:
What are the main complaints against this company?
These are detailed in the
official complaint
[requires Adobe Acrobat]. They include allegedly requiring consumers to pay thousands of dollars up
front before any services are provided and not offering a refund policy if the
contracted services are not provided, as required under the New Jersey Consumer
Fraud Act.
The company also allegedly said it has an exclusive list or network of
companies and executives who would give clients access to the "hidden" job
market, when this wasn't the case.
We also allege that the Phoenix Executive Group promised or guaranteed to
provide clients with interviews and permanent jobs with minimum salaries and
hiring bonuses within a specified time.
This company is registered as a career-counseling firm and therefore cannot
provide placement services. We allege that they went way beyond what was
permitted by law and presented themselves as a well-connected employment firm,
instead of what they are registered as, which is a career-counseling firm.
How do they get their clients?
They came through ads in newspapers, job fairs and cold calls to people who
posted resumes online at certain job-search sites.
What fees are clients charged?
The average fee was in the $2,000 to $3,000 range. These often were paid up
front on a credit card.
PEG said that they could guarantee clients would find jobs because of their
good connections, and people were paying up front because of that promise.
However, the customers told us that if they knew they were only getting help
with a resume, they would not have paid for that. They were willing to pay these
fees because they thought they could recoup them by finding employment.
How many complaints did you receive?
We received 28 complaints, and they are all named in the suit. We have had
complaints against a few other firms in the same industry, but not anywhere near
this number.
Why do job hunters sign up for services that promise access to a 'hidden'
job market?
It's because the unemployed people they targeted -- specifically
high-salaried people -- are desperate. They aren't used to being unemployed, and
if they find themselves out of work for a long period of time, they will do
anything to find a job. These people may be particularly vulnerable to these
misrepresentations.
Where is the case now?
The discovery process will start now. We will request that they provide
certain documents and information, and I am sure they will want the copies of
the consumer complaints we received.
How long will it take for this case to come to trial?
That's hard to tell. The discovery phase could take at least a year, but it
could be resolved faster than that if the case is settled.
Will PEG keep operating in a business-as-usual fashion in the meantime?
That's not easily answered. We are seeking an injunction, and if we have
evidence that they are continuing to operate in the same manner as in the
complaint, we could move in court to get a preliminary injunction and ask the
court to keep it in place until the trial.