Unpaid Tests as a New Form of Job Scam
Adriana, an active job seeker, applied for a job opportunity she found. After receiving an email acknowledging her application, she was asked to complete a technical test that would “allow us to evaluate your skills.” The task involved creating content proposals and conducting real interviews, among other specifications. Adriana completed the test and submitted it.
Initially, the company was insistent about receiving her materials, including proposals and scripts with real interviewees. However, after delivering the work, Adriana faced difficulties getting updates on her application. Eventually, she learned that there was no actual job opening for the position she had applied for, but they appreciated her test submission.
Adriana encountered what seems to be a scheme where companies exploit job seekers by requesting unpaid work under the guise of a job opportunity that never materializes. This leaves participants without any compensation or legal recourse.
The Legality of Requesting Unpaid Tests During the Hiring Process
Regina Orozco Soria, a founding partner at the law firm Pérez Mena y Orozco, states that there is no explicit legal norm prohibiting or sanctioning the request for such tests.
“However, it can become an abusive practice by corporations if they gain value from the work without offering payment or a contract,” she explains. Orozco Soria suggests that organizations should follow good practices, including transparency, feedback, and respect for applicants’ work.
She emphasizes that requesting a project as part of the personnel section is not inherently illegal, as companies evaluate candidates and decide which applicant best fits the role based on their problem-solving approach, strategy, and resolution skills.
“This allows companies to gain a clearer understanding of how candidates would perform in the future, their problem-solving methods, and the tools they use,” she adds. However, Orozco Soria warns that in specific situations, this practice can be questionable and potentially lead to reputational damage or legal disputes.
Red Flags in Hiring Processes
Adriana later discovered that the company had reposted the same job opening publicly while informing her there was no interest in her profile. She found out that they continued requesting technical tests from colleagues in her industry.
Adriana realized that job seekers should be cautious about such companies, conduct thorough research before engaging in projects that may not lead to actual job opportunities. She also noted that these companies might be attempting to exploit creative ideas without offering compensation.
An overlooked red flag for Adriana was that the company never requested her resume or inquired about her professional background. They only asked for the technical test, ignoring other job applications she might have posted.
Adriana continues her job search while raising awareness among her peers about these opaque and potentially unethical hiring processes.
Key Questions and Answers
- What is the issue? Job seekers are facing new forms of scams, such as being asked to complete unpaid tests under false job opportunities.
- Is it legal for companies to request unpaid tests? There is no explicit law prohibiting it, but it can be considered abusive if the company benefits from the work without offering payment or a contract.
- What should job seekers do to protect themselves? Research companies thoroughly, be cautious about engaging in unpaid work without a clear job opportunity, and prioritize transparency and fair treatment.
- What are the potential consequences for companies engaging in such practices? Reputational damage and possible legal disputes.
