Negligent Hiring: How to Avoid Horror Stories

man maskNegligent hiring is the failure to properly screen employees, resulting in hiring someone with a history of violence or crime – and who commits a violent or criminal act. It normally refers to an employer’s obligation not to hire an applicant that they know or should have known was likely to undertake criminal conduct against subject employees and even third parties.

Negligent Retention is retaining an employee after the employer becomes aware of the employee’s unsuitability (due to a history of violent or criminal acts), thereby failing to act on that knowledge. Either way, the company can be sued if the employer did not do an adequate background check on the new hire, or doesn’t act when the employee manifests the unsuitable characteristics and harms another.

Negligent hiring and retention is a deadly weapon in the arsenal of plaintiff lawyers seeking recovery for their clients. When a lawyer prepares a lawsuit, every possible gun in that arsenal is brought out, fully primed and loaded. In case one doesn’t hit the target and do the most damage, maybe another one will. It is called alternative pleading and it is done all of the time.

In cases when lawyers are trying to reach into the deep pockets of businesses and their insurers, this cause of action is like manna falling from heaven, providing outrageous judgments in states which allow punitive damages.  Some examples(1):

  • A furniture company paid $2.5 million for negligent hiring and retention of a deliveryman who attacked a customer in her home.
  • An employee with a criminal record sexually assaulted a child; $1.75 million was awarded for negligent hiring and retention.
  • A nursing home was found liable for $235,000 for the negligent hiring of an unlicensed nurse with 56 prior criminal convictions, who assaulted an 80-year-old visitor.
  • A twelve million dollar settlement was awarded in negligent hiring, training, and supervision suit. The suit alleged an armored truck company did not adequately investigate its employee’s past work record and did not provide adequate driving training.
  • An employer settled a suit for $2.5 million, seeking to hold it liable for negligent hiring and entrustment of an intoxicated security guard. The guard had an on-duty traffic accident in a company car which killed him and another motorist.
  • A store customer detained by a security guard as a suspected shoplifter and injured while being restrained was awarded $10 million in damages in a suit against the store. He was claiming negligent hiring and training of guard and excessive use of force.
  • A $5 million settlement was awarded to the family of a deceased female tenant, in a suit against an apartment complex owner and management. The suit claimed that the tenant was killed by the brother of the complex’s assistant manager and that it was negligent hiring to hire an assistant manager without a criminal background check.


Implementation Program


Over 78% of our business contacts or customers had originally NEVER heard of negligent Who_Am_I__4310048hiring. Most small-to-medium sized business owners who heard about it genuinely believe that it can only affect big corporations. Yet per the American Data Bank:

  • 45% of all applicants either have a criminal record, a bad driving record, a worker’s compensation claim or a bad credit history.
  • 95% of all companies in the USA are victims of theft, and yet only 10% ever discover it.
  • Estimates of fraud committed by employees cost US companies approximately $20 billion annually. Workplace theft tops out at more than $120 billion annually.
  • 30% of all business failures are caused by employee theft.

Plaintiff lawyers revel in any new development that enables large judgments meaning larger fees.  They are paid on a contingency basis, receiving a percentage of the amount recovered – sometimes up to 50% of the gross recovery. The attorney fronts all client’s expenses (many times all medical, even paying for surgery and support of the client), while the case is being prepared, litigated and appealed. He or she has lots riding on winning, and will take every opportunity to ensure a win and therefore return of costs.



How do you keep from being sued for negligent hiring or for violation of any of the other myriad of laws that hang over your head like the sword of Damocles? How do you win if you are sued or assure yourself of any measure of security?  The best way is to be meticulous in record keeping from the beginning of the hiring cycle through to the end.

The EEOC and the Office of Federal Contract Compliance Programs (OFCCP) have rules that must be followed, and these include record keeping.  A grim example of failure to comply with these requirements is the recent case of Goodyear Tire and Rubber Company being ordered by an administrative law judge to pay $925,000 in back wages to 800 female job applicants who alleged hiring discrimination at a Goodyear plant in Virginia. Goodyear also agreed to hire 60 of the women, conduct annual training for plant managers and provide semi-annual reports to document compliance. It was all because of a failure to maintain adequate records to prove compliance.

What can you do to comply and protect your company? Precise record keeping is paramount because poor or missing records make it hard to defend yourself against lawsuits. You must be proactive. Record keeping begins early in the hiring process.

Our No-Fail Hiring System KIT contains all the legal documents and procedure that ensure (1) you will be protected during your next hiring mission and (2) you will have the expertise to attract and select top players ONLY!

bigstock-Incognito-22974440Don’t turn your next hiring mission into another horror story.

Visit this link to discover how the No-Fail Hiring System KIT can help make your next hiring mission a real success!


To your success in hiring,

Patrick Valtin,
Author “No Fail Hiring.”

(1)    Book “No Fail Hiring,” pages 24-27.

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Video Tip with Patrick: “OBJECTIONS IN SALES – How to handle your customers’ objections when selling your products or services”

Sales encompasses more than just simple training on “how to close” that person sitting in front of you. Just knowing the basics of sales have always proven to be highly beneficial to any and all. Attendees of the New Era Selling Workshop for example have 10X’ed their statistics right after applying what they learned at the event. Why? Simple knowledge of things to look for when faced with a potential customer.

Things like “what type of objection is this customer giving me?”

This week, Patrick talks about the kind of objections that exist, and how to deal with them. If you would like to find out more about these objections, then check out our online training program. Click here.

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THE ART OF SELLING WITHOUT SELLING – 3 secrets to help boost your income

This article was written for a Chiropractic and Nutritional magazine.

bigstockphoto_Sales_Trend_1427861Do you provide nutritional or other products to your patients? What portion of your income do they represent? According to Chiropractic Economics 10th Annual Salary Expense Survey, respondents say less than 3 percent of revenues come from the sale of retail products. If you are “average” why don’t you sell more? The classic answer is, “I don’t like to sell” or “I don’t like to push, I am a doctor, not a salesman.” People have a lot of misconceptions about selling. The original meaning of “sell” was “to give.” Later, it took on the negative meaning of “to cheat” or “to betray.” Although today it is defined as “to persuade,” many successful people prefer to think of selling as helping. What do top sales professionals do that others do not? What is it about them that makes their customers (or patients) want to buy from them? Selling has nothing to do with special techniques or “magic”. Nor are sales people “born”.  You can sell – and feel comfortable about doing so.  Just keep in mind these three “Secrets.”

1)Selling starts by acknowledging your patients’ wants.

In today’s market conditions, the patient does not buy what he needs; he buys what he wants. Desire is much stronger than need in a marketplace in which the power of choice becomes your biggest barrier to a close.

Your challenge is to discover what can trigger an impulse or a strong, unbearable desire to make a buying decision in your favor. Your success in selling your treatment or product depends on your ability to make the customer want to buy from you and not from someone else. The first thing a patient buys is trust. He buys confidence about your ability and desire to help him resolve a problem, pain, or discomfort.  If he does not trust you and does not feel confident in what you say, he will find what he is seeking somewhere else.

Your challenge is to demonstrate early in the appointment that you care more for him than his money.

2) Buying decisions are emotional – not logical.

Consider all of your arguments on why your patients should follow your treatment plan or purchase a particular product. No matter how good or how strong your arguments are, other chiropractors are probably using the same argument. Relying on your best argument to persuade a patient does not make you any different from your competition. And, using the same arguments as others is confusing to patients.

Most salespeople work the customer in a superficial zone; the zone of logics. They do not understand that people do not buy based on logic. Buying – in healthcare- is always more emotional than logical. So, using logical arguments usually does not trigger a desire. Arguments only trigger “thinking” or counter-arguments. Patients want to feel as though they are making the right decision. To make them feel confident, you need conviction because patients buy your dedication to find the right solution for their pain, discomfort, or concern. Instead of using logical arguments with patients, convert your arguments into emotional triggers.

These are examples of emotional subjects related to the product. If you can use your patient’s emotional subjects and then demonstrate that your mission is to help her handle or resolve them, she will want to buy from you.For example: Assume you have a great superfood-based product, known to reduce fat and environmental toxicity (two good arguments). Your patient is overweight and suffers from respiratory problems in addition to chronic low-back pain.

Your challenge is to figure out how your patient’s conditions affect her life. ln other words, why could it be emotionally important for this patient to use your super-food product? Do her conditions affect her social life? Could you ask her that? Or, does she feel tired during the day, unable to focus because of choking and coughing?

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3) The most important quality in selling is curiosity.

Everyone has heard that a good salesperson needs to be enthusiastic, convinced about her product, persistent, caring, honest, passionate, and dedicated, And she must be able to listen, too. All these qualities are definitely needed to succeed. But one quality surpasses all others in importance – curiosity.

Great salespeople are curious; they are interested. They want to know as much as possible about their customers or patients  – about their needs, personal desires, fears, and concerns. They want to find out what turns their patients on. They also want to know all about their past good and/or bad experiences with similar products or services.

Great salespeople do not try to bombard the customer or patient with arguments. They try to find out three things:  “Who is this person I am treating?”  “What are his problems, concerns, likes, and dislikes?” and “What are his desires, concerns, or fears relative to my product and service?” Remember this truism: The more you know, the more you sell. It is not “The more I talk, the more I sell,” as many have been taught to believe.

Consider this: An average salesperson asks between five and eight questions before starting to talk and argue about his product. Successful salespeople reveal they ask from 25 to 40 questions before presenting their product or service. Their questions show they are genuinely interested in their customers.

Once you adopt an attitude of genuine curiosity, you will see a big change in your profession, as well as in your life. You will soon realize a person is as successful as he grants importance to others.

Patrick V. Valtin

President/CEO New Era Management International

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Your economical survival depends on the rightness of your decision on a daily basis!

As the first resource of a country, small to medium sized companies must ensure a permanent growth.  This is why the sales spirit has to be strong and ever present in this sector of the economy.  A company that has the best products/services in the world will not be able to survive adequately if it is unable to sell them in large quantities, with sufficient margins.

Countless companies are affected by a chronic hiring problem that penalize their development and jeopardize their stability.  They are having a very hard time finding qualified and competent candidates.  As a result, the company often hires candidates who do not meet the technical and behavioral needs for the position, therefore “slowing” the company’s expansion.

In a perpetually changing environment, the challenges in the art of management are complex and delicate.  Your mission then, is to continually take up these challenges and win the future.

These 5 steps, if studied, followed and applied are your ticket to a successful and flourishing company.


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Hiring Interview

Your expansion challenges require a loyal collaborator, motivated by growth, and truly able to obtain results.

Your first expansion challenge starts  with People!





You must discover the source of existing or potential problems.  Precisely evaluate individual and group  needs in order to activate the appropriate lever.

In order to improve, you must first be able to measure!



bigstockphoto_Business_Handshake_5805724If you feel some sales reps should improve their performances, it is possible that they should first improve their state of mind. No sales technique, no matter how effective, can make up for a lack of will, a low morale or a pessimistic attitude.

Sales start in the sales rep’s head first!




The best athletes are not satisfied with their innate abilities to win.  They are constantly pushing their limits with expert and continuous training.  This reality also applies to sales rep, looking to increase their performances.

You must train your sales reps to reinforce their self-motivation!



bigstock--d-man-riding-a-rocket-on-whi-20882636You must develop an efficient expansion strategy, fully devoted to the loyalty of your client, and obtain everyone’s support and contribution. Contribution is the principal motivation of a well balanced team member.

But how are you supposed to contribute to a vision that you don’t know or don’t understand?  The lack of formalization of a company’s clear vision influences the image of the whole company and its global level of productivity and efficiency.

The level of production primarily depends on the company’s state of mind!


So, now what?


It’s now your choice to decide which road to take next! Either YOU get it done, or you get someone else to do it.

Choosing a business consultant or a coach is not an easy thing and it sometimes looks like a game of poker.  Out dated principles, based on too much theory or simply inapplicable to the current challenges, can generate frustrations for the participants.  The budget is then wasted, the experience is negative and this affects the image of the company and its decision makers.

Here at New Era Management, we want our clients to be the sole judges of the added value of our programs and methods.  This is why all of our interventions have an unconditional guarantee of satisfaction.  Therefore, if by the end of our interventions you are not convinced that you have acquired better competences,  we will return your budget, without any questions asked.  This engagement, is to our knowledge unique in this field, and it allows our team to maintain the highest level of contribution and responsibility.

So, let me know: what can I help you with?


Attend  the XTREME EVENT and find out how you can quickly boom your business! See below for information.


There is something worse in life than not succeeding.  And that is not having tried…” - F.D. Roosevelt



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Generating Leads: No “If’s”, “But’s” and “Butts”

Let’s be honest, getting new leads is not as easy as it used to be…

Unless your company has been around for years, you own your specific industry or are filthy rich and can afford the vastly expensive marketing expenses, the way we acquire potential new customers has become some sort of “art”. Or has it…?

Patrick just recently delivered two seminars at a 4 day convention here in Clearwater. One of the guest speaker, an acclaimed and very successful business entrepreneur as well as very dear friend, was explaining her successful actions that enabled her to expand so fast. Mind you, her organization is considered one of the top Inc 500 Marketing company in the US, so I cling on to her every word of wisdom on this subject.

Well, one of her marketing expense JUST for her own promotion is $20,000 a WEEK on Google Adwords. This is not counting her Postcard Marketing cost, her “Google Re-Marketing” campaigns cost, her full time Social Media employee cost, and all the rest of the other marketing steps needed to accomplish her current results. All of these total up to well over $200,000 a month in marketing expense.

You may say “Well sure, but she must have an enormous company with an enormous amount of income at the end of the month, which I don’t have…”. She does, but she also started her company in her garage some 13 years ago. Her secret? TOO MUCH MARKETING. She would spent $800 a week on promotion, while not even paying herself. Her company could not even handle the amount of work to the marketing ratio.

This brings me to the climax of today’s article:


Getting more leads and expanding your business is in direct correlation to the amount of effort that you put into your PR and Marketing.

I am quite sure that many of you have heard this before, but the key note here is “effort”. What do we mean by “amount of effort”? It simply means that if you send out 1000 pieces of promotion every week which gives you 1 lead, the only way to get 2 leads is to send out 2000 pieces out in one week.


This is obvious math, but you must really look at this from the viewpoint of “what does it take for me to expand my business by *write your number here*%“. You would be extremely surprised at the actual amount of money you have to spend in promotions in order to get 1 actual lead (this of course varies in terms of your actual industry and type of product).

According to JWM Business Services, “The average rate of return on direct mail campaigns is generally 1/2 to 2 percent; in a campaign involving 100 pieces of mail, two to four people can be expected to respond and half that number to make a purchase.” This simply means that the other 98% of your direct mail marketing is either thrown in the trash or nicely tucked in a big batch of paper menagerie.

SO, get cranking and quadruple your amount of marketing. It will always be “too much money”, but hey, look at the example of my friend I gave you. Hopefully this will make you look at your marketing budget in a whole other way, which will then boom your outflow of mail, which will increase your inflow of leads!

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Selling is like Dating

Business-Cat-Meme-Cat-Meme-Funny-lol-pictures-cats-jokes-sales-contract-strings-attached_thumbIn many aspects, selling is like dating.

Many of us have gone shopping and ended up being “harassed” by a pushy salesperson. All he would do is push push and push his product on you, without even an inkling of interest towards you. “This car has this, this car has that” and you would just yawn as this isn’t even the model you are looking for…

Pushing one’s product onto a customer is not only irritating, it’s just plain wrong… But who’s to blame? Many salespeople have been trained to do exactly that, as asking the customer questions could be an invasion of privacy. Well, this is EXACTLY what you want to do: INVADE THEIR PRIVACY!

The first quality in selling & negotiating is CURIOSITY. The more you know, the more you sell! You need to make the customer talk. When it comes to selling, communication means “asking the right questions, not talking about your product”.

Would you go up to a girl and say “hey there pretty lady, take a look at my watch! It’s nice isn’t it?? Come, I’ll show you my car”. You don’t do that!

Not only do women not like that (I’m not speaking for every girl, but it’s a well-spoken fact that ladies love a man that listens), but you risk being a lonely lonely man for a long time if that is how you go on dates…

Many men will agree that this is the same thing from a girl’s perspective. It is not very attractive when a girl rambles on for hours about her 3 cats without paying an ounce of curiosity to her date sitting across from her.

You want to find out all there is to know about the customer, the same way you would with your date. Remember this golden rule: The first reason why a customer wont buy from you is because of “lack of trust”. The remedy? Ask questions! Find out all that you can about the person. Not only will the person be extremely grateful that someone is taking so much interest in his/her life, but you will ultimately gain their trust from doing this and have enough “ammunition” to close them on your product.

The “Right Now” solution:

If you want to learn more on selling right now, check out our New Era Selling Online Training platform by clicking on the picture below! This online training course has over 18 videos with Patrick Valtin delivering his famous New Era Selling Workshop. It will train you in becoming a top salesperson!


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Want to hire like Heineken? You better know the trick…

bigstock-Incognito-22974440With the war for talent raging through US companies, it is only fair to say that one must know how to successfully find, recruit and retain those perfect applicants before their toughest competition does.

There are no “magical” or unexplainable tactics to find those top players, and keep them. You just need a proven and tested system that you can repeat through and through with every single one of your candidates.

And this is the trick: You must ALWAYS ask the same questions to EVERY applicant that lands in front of you, and you must put all of them through the same scenario!

Why? If you don’t, you could be sued for discrimination! This has happened countless times to small business owners simply looking for a new employee, unaware of the potential danger by being too creative in their hiring process.

Check out below what Heineken does to select a new employee. You will realize that they ask the same questions to all of their applicants as well as lead them through the same scenario (like passing out on the floor to see what the applicant will do to help someone in need).

Learn from the big corporate world!

Big corporations are immune to legal retaliations. You can learn a lot from them. So make sue your hiring process is standard and does not vary from candidate to candidate. Not only will it protect you from potential legal trouble and financial trouble, but it will also safeguard your company from potential evil doers!

This is only one trick out of many that you’d better know to attract and select the right people. But here is the good news:

You can now find out everything you need to know to fully safeguard your business from ill-minded applicants!

It’s called the No-Fail Hiring System, and yes you can apply it to your business today! You can either get the “do it yourself” Kit, or have it with the 6 hours of coaching. This will make sure that you are fully set and safeguarded in all of your recruitment activities.

The No-Fail Hiring System comes with the Recru-Tec Test, the best web-based applicant personality test. It’s purpose is to depict vital soft skills even those that you could not detect during the interview.

Click below to find out more!



To your success,

New Era Management International

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Recruit, Attract and KEEP Top Employees!


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What we can learn from Howard Schultz

Starbucks-2These days, the subject of Hiring and Recruiting new personnel could fuddle a man into oblivion. The steps one must undertake to successfully attract and hire an applicant is much more than questions asked and smiles given. The days of putting trust in oneself’s guts when hiring a new employee only judging by the smile on his face, the words he speaks, the perfect answers to the questions you give him and the batting eyes staring from across the desk, is over…

It saddens everyone to think that some applicants TRAIN themselves in giving the perfect first impression after the initial job interview. This means that the person sitting in front of you is not “Joe Blow”, but an actor, trained in giving that perfect response to your well thought-of question. So you better have a well designed system that will help you PICK OUT REAL, QUALIFIED APPLICANTS WHO WILL HELP YOU EXPAND YOUR BUSINESS, NOT SLOW IT DOWN!

This is where billionaire Howard Schultz’s wisdom comes in. He founded Starbucks and can be considered as the true image of what a dedicated entrepreneur looks like. After being turned down by banks over 242 times in order to start off the world renowned coffee chain, he still made it go right and the company now employs over 200,000 employees. With this many people working in over 17,000 locations in 54 countries, this man must know quite a bit about Recruiting and retaining top players.

From an April 2011 Inc Magazine interview with Howard Schultz, he had this to say about hiring*:

“There are 17,000 Starbucks stores in 54 countries, serving 60 million people a week. We employ 200,000 people. So I can make the case—and I have for years—that the most important discipline at Starbucks is human resources. I mean, Howard Schultz can’t manage what I just described for you sitting in Seattle, Washington. I can’t manage every store. I’m not going to pour one shot of espresso today.

Every enterprise has a memory. And that memory is imprinted with a history and a way of doing business. As leaders, we have to make sure that we’re attracting the right people and that the values of the company are being upheld. When you see something that isn’t right, you have to make sure that you’re not a bystander. I’ve said for years that the most important aspect of our company is the culture. And people laugh at that, but that’s the truth. Whether it’s a small or a large company, transformation can’t take place with only one person saying, “I’m going to transform this enterprise.”

Howard Schultz

This is true, especially during these tough economic and competitive times. In order to expand your business and prosper through any times, you MUST have a team of people around you that will help you achieve these results. All it takes is ONE person in your company who does not meet these qualifications, and trouble will more than likely arise…

After directly working with over 75,000 business owners around the world in all kinds of industries in the last 25 years, we have concluded that over 55% of business failures and 84% of serious business crises are not due to unfavorable economic environments  lack of resources or lack of marketing power:

They are due to bad/ wrong hiring decisions!

Did you know?

  • According to the U.S. Department of Labor, 50% of applicants stay only 6 months in their job before leaving.
  • A new employee who is fired within three months can cost UP TO 10 TIMES WHAT YOU INVESTED TO GET HIM/HER ON THE JOB!
  • If you fire a bad hire or lose a good one after one year, the consequent financial, organizational and emotional losses can add up to 10 times the yearly salary and other compensations.

What does this tell you?

Investing in the right people not only provides the best return for your business, but also the luxury of reducing stress, worries and uncertainties about the future. It’s a win win situation!

The Solution!

Our NO-FAIL HIRING System is your ultimate guide to Attracting and Recruiting top players for your company! From our “do-it-yourself” Kit, to our 2 day custom workshops, you can bet that your Human Resource department will be the best there is. Don’t just have “employees”, have TOP PLAYERS that will help you expand your business!!

If you would like more information on our Corporate training, please CLICK HERE.

If you would like more information on our Kit, please CLICK HERE.

Our RECRU-TEC test is a perfect Quality Control tool for giving your hiring missions the best outcome. Based on more than 60,000 candidates’ evaluations in 25 different countries, this unique diagnostic is a job-matching test which provides vital information about your future/potential employee

FREE trial of the Recru-Tec Test, CLICK HERE!


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The Recru-Tec Test – Your Best Quality Control

The RECRU-TEC Test™ is a perfect Quality Control tool for giving your hiring missions the best outcome. Based on more than 60,000 candidates evaluations in 25 different countries, this unique diagnostic is a job-matching test which provides vital information about your future/potential employee.

The Recru-Tec test helps you avoid costly mistakes and problems, by providing you information on the evaluated person which is essential to job-related performance:

  • It is a PRODUCTIVTY test, because it detects a candidate’s personality traits which might be deterrent to optimal performance on a specific job.
  • It is a REACTIVITY test, because it measures how the evaluated person will react to specific job-related circumstances, in a specific work environment.
  • It is a PREDICTION test, because it helps you predict how the evaluated person will behave under specific job-related situations which require precise qualities and skills to be resolved. This unique tool will describe, with up to 90% of precision, the natural reaction of the tested applicant to various challenges from the work environment.
  • It is entirely job -related: the results are analyzed against a job situation. When you use our personalized evaluation services, you receive specific information against a specific job, entirely related to your organization.



  • It is a web-based technology: you simply go online and have a candidate complete the test – either from your office or from his home. You get the results within minutes.
  • When you have selected a candidate through the first interview, you simply ask the person to access our testing platform, online. You give the person our online address and one code for entering the test platform. You manage the codes, so you are the only one who knows WHO has completed a test.
  • The candidate completes the test. You receive an automatic evaluation to your specified e-mail address. NO ONE ELSE receives a copy of the test results, except us – in case you need advice on a specific result.
  • Test results are automatically delivered by e-mail within 1 hour of processing. A full 15-page PDF report can be directly viewed and/or downloaded from your computer. If you need advice on a test result you simply send us the specific test results by e-mail. We call you within 24 hours for a phone evaluation.

Get a Free Trial of the Recru-Tec Test!

Would you like to try the Recru-Tec Test? Then visit in order to receive a FREE trial of the test.


Click Here to Start!

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